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PUBLIC RECORDS 



COLONY OF CONNECTICUT, 

— • ^^ 

FROM MAY, 1762, TO OCTOBER, 1767, INCLUSIVE. 

TRANSCRIBED AND EDITED IN ACCORDANCE WITH A RESOLUTION OF THE 
GENEKAL ASSEMBLY. 




)/■ I?. 




BY CHARLES J. HOADLY, 



STATE LIBRAKIAN. 



HARTFORD: 
PRESS OF THE CASE, LOCKWOOD & BRAINARD CO. 

1881. 



7> 






"2^ 



PREFATORY NOTE. 



This book contains the remaining portion of volume IX of the 
Public Records of the Colony of Connecticut, from page 44 Y, and 
also pages 1 to 310, inclusive, of volume X of the same series. 

It is not known that the Journals of either House of the 
General Assembly are extant for any of the six years covered 
by this publication. The Journal of the Governor and Council 
has also disappeared. 

Appended is the book of Reasons why the British Colonies in 
America should not he charged with Internal Taxes hy atdhority of 
Parliament, to which reference is made on pages 256 and 299 of 
this volume. Governor Fitch was the principal compiler and 
draughtsman of it, as Mr. Ingersoll informs us. The original 
edition was of five hundred copies, and Mr. Ingersoll took one 
hundred and twelve with him to England. 

After 1762, it does not appear that the General Assembly 
appointed a committee to hear the records read off and to see 
them signed by the Secretary as perfect and complete. It is 
evident that considerable portions of the record were not compared 
with the original bills, and this may account for various errors 
and omissions. The editor has endeavored to supply the omissions 
from the files, and what has been supplied is enclosed in brackets. 

C. J. H. 
October 29th, 1881. 



THE PUBLIC RECORDS 



OF THE 



COLONY OF CONNECTICUT. 



[Volume IX., Page 447.] 

Anno Regni Regis Creorgii tertii seeundo. 
At a General Assembly of the Governor and Company of 
HIS Majesty's English Colony of Connecticut in New- 
England IN America, holden at Hartford in said Colony 

ON THE second THURSDAY OF MaY (BEING THE THIRTEENTH 
DAY OF SAID MONTH) AND CONTINUED BY SEVERAL ADJOURN 
MENTS UNTIL THE EIGHTH DAY OF JUNE NEXT FOLLOWING, 

ANNOQUE Domini 1762. 

Present : 

The Honourable Thomas Fitch, Esqf, Grovernor. 

The Hon^'e William Pitkin, Esq"", Deputy Grovernor. 
Ebenezer Silliman, Daniel Edwards, 
Jonathan Trumble, Jabez Hamlin, 
Hezekiah Huntington, Matthew Griswold, 
Andrew Burr, Shubael Conant, 

John Chester, Elisha Sheldon, 

Benjamin Hall, 
Representatives or Deputies who attended this Assembly are 

as follow, viz : 
Col. Samuel Talcott, Maj . William Pitkin, for Hartford, 
Mr. Daniel Lyman, Mr. Samuel Bishop, for New Haven. 
Capt. Jeremiah Miller, Major Charles Bulkly, for New London. 
Mr. David Rowland, Mr, David Burr, jun., for Fairfield. 
Mr. Samuel Gray, Col. Eliphalet Dyer, for Windham.. 
Col. Ebenezer Marsh, Capt. Isaac Baldwin, for Litchfield. 
Capt. Jabez Huntington, Mr. Ebenezer Backus, for Norwich. 
Col. Jonathan Hoit, Mr. Abraham Davenport, for Stamford. 
Col. Robert Walker, Mr. Ichabod Lewis, for Stratford. 



>Esq'"s, Assistants. 



2 PUBLIC RECORDS [May, 

Capt. Jabez Sherwood, for Greenwich. 
Ca))t. John Fowler, Mr. Robert Treat, for Milford. 
Capt John Strong, Mr. Isaac Lee, jun., for Farmington. 
Mr. Gyrus Marsh, Mr. Nathan Eliot, for Kent. 
Mr. Bushncl Bostwick, Mr. Amos Northrup, for New Milford. 
Capt. Samuel Kent, Mr. William King, for Sufficld. 
Mr. Jolni Everts, Capt. Josiah Stoddard, for Salisbury. 
Mr. William Gould, Mr. Barnabas Mulford, for Branford. 
Mr. Josiah Convers, Mr. David Orcutt, for Stafford. 
Mr. Simeon Minor, Capt. Joseph Dennison, for Stonington. 
Mr. Daniel Booth, Mr. Richard Fairman, for New Town. 
Capt. Alexander Phelps, Mr. John Phelps, for Hebron. 
Capt. Jonathan Hale, Mr. William Wells, for Glassenbury. 
Col. Joseph Spencer, for East Haddam. 
Capt. Isaac Kellogg, Mr. Martin Smith, for New Hartford. 
Mr. Charles Whittlesey, Capt. Samuel Hull, for Wallingford. 
Mr. John Cook, for Torrington. 

Capt. Hezekiah Whittlesey, Capt. John Murdock, for Saybrook. 
Mr. Joseph Sexton, for Somers. 

[448] Mr. Zebulon West, Capt. Joshua Wills, for Tolland. 
Mr. Luther Gay, Mr. Ebenezer Learned, for Killingsly. 
Mr. Joshua Pierce, Mr. Thomas Russell, for Cornwall. 
Capt. Samuel Petfibone, Capt. Moses Lyman, for Goshen. 
Capt. Nehemiah Lyon, Mr. Ebenezer Smith, jun., for Wood- 
stock. 
Mr. Joseph Strong, Mr. Phineas Strong, for Coventry. 
Mr. Benjamin Chaplin, Mr. Edward Freeman, for Mansfield. 
Capt. Abel Gun, Capt. Samuel Basset, for Derby. 
Col. Elihu Chauncey, Capt. James Wadsworth, for Durham. 
Capt. Elijah Worthington, Mr. Dudley Wright, for Colchester. 
Mr. Joseph Piatt, for Norwalk. 
Mr. Hezekiah Brainard, for Haddam. 
Capt. Benjamin Talcott, Mr. David Strong, for Bolton. 
Mr. Ctjmfort Starr, for Danbury. 

Mr. Edward Collins, Capt. Joseph Oi'msted, for Enfield. 
Capt. Timothy Judd, Mr. John Lewis, for Waterbury. 
Mr. John Lay 2d, Mr. Samuel Seldon, for Lyme. 
Col. David Whitney, Capt. Charles Burrel, for Canaan. 
Capt. John Williams, Mr. John Pardy, for Sharon. 
Capt. Thomas Stevens, Capt. John Douglas, for Plaiufield. 
Capt. Benjamin Sumner, Mr. Elijah Whiton, for Ashford. 
Capt. Joshua West, Capt. Ignatius Barker, for Lebanon. 
Mr. Hezekiah Humphry, Mr. John Case, for Symsbury. 
Mr. Daniel Sherman, Col. Benjamin Hinman, for Woodbury. 
Capt. Abijah Catling, for Harwington. 



1762.] OP CONNECTICUT. 3 

Mr. John Gordon, Capt. Robert Dixon, for Voluntown. 
Capt. Josiah Bissell, Capt. Erastus Wolcott, for Windsor. 
Mr. Jonathan Dresser, Mr. Sanmel Craft, for Pomfret. 
Col. Timothy Stone, Mr. Nathaniel Hill, for Guilford. 
Capt. Jonatlian Belding, Capt. Elisha Williams, for Weathers- 
field. 
Col. Christopher Avery, Capt. Moses Fish, for Groton. 
Capt. Obadiah Johnson, Capt. Jal^ez Fitch, for Canterbury. 
Mr. Seth Wetmore. Mr. Matthew Talcott, for Middleton. 
Col. Samuel Coit, Capt. William Witter, for Preston. 
Capt. John Pierson, Mr. Joseph Eliot, for Killing-worth. 

Capt. Jabez Huntington, Speaker } of the House of Repre- 

Mr. Abraham Davenport, Clerk \ sentatives. 

This day being appointed by the royal charter and the laws 
of this Colony for the Election of the public officers of the 
Colony, viz: Governor, Deputy Governor, Assistants, Treas- 
urer and Secretary, proclamation was made, and then the votes 
of tlie freemen were given in to the persons appointed by the 
Governor, Council and Representatives, to receive, sort and 
[449] count them; (which persons so appointed were,) || 
Jonathan Trumble, Hezekiah Huntington, Andrew Burr, John 
Chester, Benjamin Hall, Daniel Edwards, Jal)ez Hamlin, Mat- 
thew Griswold, Shubael Conant, Elisha Sheldon, Esq^S Col. 
Samuel Talcott, Capt. Erastus Wolcott, Mr. Samuel Bishop, 
Capt. James Wadsworth, Mr. Simeon Minor, Col. Christopher 
Avery, Mr. David Burr, jun., Mr. Comfort Starr, Mr. Samuel 
Gray, Capt. Jabez Fitch, Capt. John Williams, and Col. Eben- 
ezer Marsh, who were all sworn to a faithful discharge of 
that trust. And the freemen's votes being brought in, sorted 
and counted. 

The Honourable Thomas Fitch, Esq"", is chosen Governor of 
this Colony for the year ensuing. 

The Hon'^'^' William Pitkin, Esq"", is chosen Deputy Gov- 
ernor of this Colony for the year ensuing. 

Ebenezer Silliman, Esq"", Jonathan Trumble, Esq"", Hezekiah 
Huntington, Esq"", Andrew Burr, Esq"", John Chester, Esq"", 
Benjamin Hall, Esq"-, Daniel Edwards, Esq"", Jabez Hamlin, 
Esqr, Matthew Griswold, Esq'', Shubael Conant, Esq-", Elisha 
Sheldon, Esqs Eliphalct Dyer, Esq^, were chosen Assistants 
for the year ensuing. 

Joseph Talcott, Esq"", is chosen Treasurer of this Colony 
for the year ensuing. 

George Wyllys, Esq"", is chosen Secretary of this Colony for 
the year ensuing. 

The Governor's oath prescribed by the law of this Colony, 



4 PUBLIC RECORDS [May, 

and the oath required by act of Parliament, relating to Trade 
and Navigation, were administred (in presence of the Assem- 
bly) by the Hon^^'e William Pitkin, Esq^ Deputy Governor, 
to the Hon^^'e Thomas Fitch, Esqf, now chosen Governor. 

The Hon^ie William Pitkin, Esqr, now chosen Beputy Gov- 
ernor, had the Deputy Governor's oath prescribed by law 
administred to him by his Honour the Governor in the pres- 
ence of the Assembly. 

The Assistant's oath prescribed by law was administred by 
his Honour the Governor to Ebenezer Silliman, Jonathan 
Trumble, Hezekiah Huntington, Andrew Burr, John Chester, 
Benjamin Hall, Daniel Edwards, Jabez Hamlin, Matthew 
Griswold, Shubael Conant, Elisha Sheldon, and Eliphalet 
Dyer, Esq^^, now chosen Assistants. 

The Treasurer's oath prescribed by law was administred 
by his Honour the Governor to Joseph Talcott, Esq"", now 
chosen Treasurer. 

The Secretary's oath prescribed by law was administred by 
his Honour the Governor to George Wyllys, Esqf", now chosen 
Secretary, in the presence of the Assembly. 

Ordered, That Ehsha Sheldon, Esq"", and Mr. Daniel Sher- 
man return the thanks of this Assembly, to the Rev^. Mr. 
Joseph Bellamy, for his sermon delivered before the Assembly 
on the 13th instant, and desire a copy thereof, that it may be 
printed. 

This Assembly do appoint the Hon'^'e William Pitkin, 
Esq"", to be Chief Judge of the Superior Courts in this Colony 
for the year ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq"", Daniel 
Edwards, Esq"", Benjamin Hall, Esq^ and Robert Walker, Esq"", 
to be Judges of the Superior Courts in this Colony the year 
ensuing. 

This Assembly do appoint Jabez Hamlin, Esq'", to be Judge 
of the County Courts in and for the County of Hartford the 
year ensuing. 

This Assembly do appoint Roger Newton, Esq^to be Judge 
of the County Courts in and for the County of New Haven the 
year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq'', to 
be Judge of the County Courts in and for the County of New 
London the year ensuing. 

This Assembly do appoint Andrew Burr, Esq"^, to be Judge 
of the County Courts in and for the County of Fairfield the 
year ensuing. 

[450] This Assembly do appoint Jonathan Trumble, Esq"", 



1762.] OF CONNECTICUT. 5 

to be Judge of the County Courts in and for tlie County 
of Windham the year ensuing. 

This Assembly do appoint John Williams, Esq"", to be Judge 
of the County Courts in and for the County of Litchfield the 
year ensuing. 

This Assembly appoints Daniel Edwards, Eisq'", Judge of 
the Court of Probate for the district of Hartford the year 
ensuing. 

This Assembly appoints John Hubbard, Esq"", to be Judge 
of the Court of Probate for the district of New Haven the 
year ensuing. , 

This Assembly appoints Gurdon Saltonstall, Esq"", Judge 
of the Court of Probate for the district of New London the 
year ensuing. 

This Asseml)ly appoints Andrew Burr, Esq"", Judge of the 
Court of Probate for the district of Fairfield the year ensuing. 

This Assembly appoints Jonathan Trumble, Esq'', Judge of 
the Court of Probate for the district of Windham the year 
ensuing. 

This Assembly appoints Jabez Fitch, Esq"", Judge of the 
Court of Probate for ihe district of Plainfield the year ensuing. 

This Assembly appoints Timothy Stone, Esq"", Judge of the 
Court of Probate for the district of Guilford the year ensuing. 

This Assembly appoints Daniel Sherman, Esq', Judge of 
the Court of Probate for the district of Woodbury the year 
ensuing. 

This Assembly appoints Jonathan Hoit, Esq"", Judge of the 
Court of Probate for the district of Stamford the year ensuing. 

This Assembly appoints Joseph Spencer, Esq^, Judge of the 
Court of Probate for the district of East Haddam the year 
ensuing. 

This Assembly appoints Ebenezer Marsh, Esqf, Judge of the 
Court of Probate for the district of Litchfield the year ensuing. 

This Assembly appoints Thomas Benedict, Esq'", Judge of 
the Court of Probate for the district of Danbury the year 
ensuing. 

This Assembly appoints Hezekiah Huntington, Esq"-, Judge 
of the Court of Probate for the district of Norwich the year 
ensuing. 

This Assembly appoints Jabez Hamlin, Esq'", Judge of the 
Court of Probate for the district of Middleton the year ensuing. 

This Assembly appoints Ebenezer Williams, Esq"", Judge of 
the Court of Probate for the district of Pomfret the year 
ensuing. 

This Assembly appoints John Williams, Esq-", Judge of tlie 
Court of Probate for the district of Sharon the year ensuing. 



6 PUBLIC RECORDS [May, 

This Assembly appoints Zebulon West, Esqs Judge of the 
Court of Probate for the district of Stafford the year ensuing. 

This Assembly appoints Joseph Pitkin, William Wolcott, 
Zebulon West, and Seth Wetmore, Esq>-% to be Justices of 
the Peace and Quorum for the County of Hartford the year 
ensuing. 

This Assembly do appoint Thomas Wells, Phineas Lyman, 
Joseph Talcott, George Wyllys, Thomas Hosmer, John 
Ledyard, Jonathan Hills, Samuel Talcott, Thomas Seymour, 
Daniel Bissell, Samuel Eno, Erastus Wolcott, Elizur Goodrich, 
Jonathan Belding, Elisha Williams, Joseph , White, Joseph 
Southmaid, Nathaniel Chauncey, Joseph Hooker, John 
Hooker, Solomon Whitman, Jared Lee, Hezekiah Gridley, 
Joseph Hart, John Strong, Hezekiah Brainard, Joseph Wells, 
John Owen, Judah Holcomb, Jonathan Pettibone, Hezekiah 
Humphrey, Samuel Kent jun., Ephraim Terry, Jonathan 
PIal,e, John Kimberly, William Wells, Joseph Spencer, Daniel 
Cone, Daniel Brainard jun., Nathaniel Foot, Epaphras Lord, 
John Watrous, John Phelps, Samuel Gilbert, Alexander 
Phelps, Thomas Pitkin' Elisha Steel, Isaac Pinney, Samuel 
Reynolds, Abner Barker, Josiah Bissell, and Matthew Talcott, 
EscfS to be Justices of the Peace for the county of Hartford 
the year ensuing. 

[451] This Assembly do appoint John Hubbard, Elihu 
Chauncey, Timothy Stone, and Thomas Darling, Esq-'s to be 
Justices of the Peace and Quorum for the County of New 
Haven the year ensuing. 

This Assembly do appoint Samuel Sherman, John Whiting. 
Samuel Sacket, Daniel Lyman, Roger Newton, Robert Treat, 
Nathan Baldwin, Joseph Woodruff, John Fowler, Samuel 
Basset, Samuel Riggs, Timothy Russell, Daniel Holebrook, 
Charles French, Thomas Clark, Thomas Matthews, Joseph 
Hopkins, Caleb Bummiston, Samuel Hall, John Hall the 2d, 
Elihu Hall, Ezekiel Rice. Caleb Merriman, Charles Whittlesey, 
James Wadsworth jun., Theophilus Rossetter, Samuel 
Robinson, Nathaniel Ruggles, John Grave, Jonathan Russell, 
Josiah Rogers, Samuel Barker, James Barker, William Iloadly, 
Nathaniel Hill, Esq'^, Justices of the Peace for the county 
of New Haven the year ensuing. 

This Assembly appoints John Griswold, Christopher Avery, 
Richard Lord, Isaac Huntington, and Pygan Adams, Esq'%^ 
Justices of the Peace and Quorum in and for the county of 
New London for the year ensuing. 

This Assembly do appoint Ebenezer Backus, Jabez Hunting- 
ton, Humphry Avery, William Whiting, Jacob Perkins, 



1762.] OF CONNECTICUT. 7 

Ebenezer Hartshorn, Simon Tracy jun., Samuel Morgan, 
Samuel Coit, William Witter, Simeon Minor, Jose])h Denni- 
son, Samuel Prentice, Amos Cheesln-ougli, John Williams, 
Luke Perkins, William Williams, Nathan Smith, Ebenezer 
Avery, Daniel Coit, Jeremiah Miller, William Hillliouse, 
Samuel Ely, John Lay jun.. Benjamin Lee, George Dorr, 
Nathaniel Clark, Jedidiali Chapman, John Tulley, Hezekiah 
Whittlesey, Benjamin Gale, Elnathan Stephens, Joseph 
Wilcocks, Aaron Eliot and John Richards, Esqr^ Justices of 
the Peace in and for the county of New London the year 
ensuing. 

This Assembly appoints Jonathan Hoit, David Rowland, 
Samuel Fitch and John Read, Esq''^, Justices of the Peace 
and Quorum in and for the county of Fairfield the year ensuing. 

This Assembly do appoint Robert Walker, Robert Fairchild, 
Agur Thomlinson, Ichabod Lewis, Samuel Adams, Theophilus 
Nichols, James Walker, William Burr, Moses Dimon, Samuel 
Sherwood, Joseph Piatt, Thomas Fitch jun., Elias Betts, 
Theophilus Fitch, Jonathan Malti)ie, Abraham Davenport, 
Peter Mead, John Ferris, Samuel Olmsted, Samuel Smith 
the 3d, Thomas Benedict. Samuel Gregory, Comfort Starr, 
Ephraim Hubbel, Caleb Baldwin, Richard Fairman, Silas 
Betts, and David Burr, jun., Esq^^, Justices of the Peace in 
and for the county of Fairfield the year ensuing. 

This Asseml)ly appoints Shubael Conant, John Dyar, Jaljez 
Fitch and Joshua West, Esq""*, Justices of Quorum for the 
county of Windham the year ensuing. 

This Assembly do appoint John Dyar, Jabez Fitch, Joshua 
West, Jonathan Huntington, Nathaniel Huntington, Stephen 
Fuller, Samuel Gray, Jedidiah Elderkin, Nathaniel Wales 
junr, Joseph Clark, William Metcalf, William Williams, 
Joseph Strong jun"", Phineas Strong, Joseph Storrs, Amos 
Babcock, Elijah Whiton, Ebenezer Wales, Samuel Chandler, 
Nathaniel Child, Ebenezer Smith jun^, Samuel Danielson, 
Jacob Dresser, Thomas Moffit, Timothy Sabin, Ebenezer Wil- 
liams, Thomas Williams, William Osgood, John Grosvener, 
Samuel Huntington of Canteii)ury, John Curtice, Benjamin 
Wheeler, Robert Dixson, John Smith, and Jeremiah Keeney, 
Esq''% Justices of the Peace in and for the county of Wind- 
ham the year ensuing. 

[452] This Assembly appoints Ebenezer Marsh, Increase 
Moseley, Daniel Sherman, and Busbnel Bostwick, Esq^^, Jus- 
tices of the Peace and Quorum for the county of Litchfield 
the year ensuing. 

This Assembly do appoint John Williams, Timothy Collins, 



8 PUBLIC RECORDS [May, 

Jacob Woodruff, Daniel Everit, Elisha Stoddard, Benjamin 
Hinman, Tilley Blakeley, Paul Welch, John Hitchcock, Tim- 
othy Hatch, John Ransom, Daniel Lee, Nathan Eliot, John 
Patterson, David Whitney, John Beebe, John Beach, Samuel 
Pettibone, John Cook, Cyprian Webster, Abijah Catling, 
Isaac Kellogg, Matthew Gillet, Michael Humphry, Daniel 
Griswold of Sharon, John Hutchinson, James Landon, Isaac 
Baldwin, Moses Lyman, Thomas Russell and Epaphras Shel- 
don, Esqr^ Justices of the Peace for the county of Litchfield 
the year ensuing. 

An Act for the more speedy Issuing of Law Suits wherein Auditors 

are appointed. 
Be it enacted hy the Crovernor, Council and Representatives^ 
171 G-eneral Court assembled, and hy the authority of the same, 
That for the future there shall not be allowed any remove, 
either by review or appeal, from a judgment rendered in any 
of the county or superior courts in this Colony upon the re- 
turn and acceptance of an award of auditors ; any law, 
usage or custom to the contrary notwithstanding. 

An Act for Alteration and Amendment of the Law entituled An Act for 
the Directing and Regulating of Civil Actions. 

Whereas in and by said act it is provided and enacted, that 
in case any process be duly served on any defendant or de- 
fendants and return thereof made to the court to which the 
same is made returnable, then if such defendant or defend- 
ants do not appear, his or their default shall be recorded and 
judgment entred up against him thereupon, unless before the 
jury be dismist he or they shall come into court and move for 
a trial, in which case he or they shall be admitted thereto 
upon paying down to the adverse party the cost to that time, 
whereby bills of cost in defaulted cases are greatly inhansed : 
Which to prevent, 

It is now enacted by the Grovernor, Council and Representa- 
tives, in G-eneral Court assembled^ and hy the authority of the 
same, That for the future no defendant or defendants de- 
faulted as aforesaid shall have liberty to revive any such 
action unless he or they shall come into court and move for a 
trial on or before the second day of the sitting of said court 
and pay down to the adverse party the cost to that time 
arisen ; any law, usage or custom to the contrary notwith- 
standing. 

An Act to regulate the Making up of Bills of Cost. 

Be it enacted hy the Crovernor, Council and Representatives, 
in G-eneral Court assembled, and hy the authority of the same, 
That for the future no cost shall be allowed for travel to get 
a writ or to carry the same to an officer ; any law, usage or 
custom to the contrary notwithstanding. 



1762.] OF CONNECTICUT. 9 

[453] An Act for Alterinsr the Fees of the Superior Court and for Ad- 
vancing- the Wages of the Judges of said Court. 

Be it enacted by the G-overnor, Council and licpresentatlves^ 
in General Court assembled^ and by the authority of the same, 
That for the future the fee for trying any action in the 
superior court (exclusive of all such fees as are already 
stated by law for the clerk or jury) shall be the sum of 
twenty shillings ; and for each confession or default the sum 
of ten shillings. 

Be it further enacted by the authority aforesaid, That there 
shall be allowed and paid out of the treasury of this Colony 
to the judges of said superior court as follows, viz : To the 
chief judge eighteen shillings, and to each assistant judge 
seventeen shillings per diem, as a recompence for their service. 

An Act for reviving an Act of this Assenably made and passed in their 

Sessions in May last enticuled An Act in further Addition to the 

LaTV entituled An Act providing in Case of Sickness. 

Whereas it was resolved by this Assemldy at their sessions 
in October last, that the aforesaid act should continue in force 
until the rising of this Assembly, and no longer, Therefore, 

Be it enacted by the Crovernor, Council and liepresentatives, 
in General Court assembled, and by the authority of the same. 
That the said act, entituled An act in further addition to the 
law entituled An act providing in case of sickness, be revived, 
and the same is hereby revived in every part and paragraph 
thereof, and to continue and be in force until the rising of 
this Assembly in October next, and no longer. 

An Act for appointing the Brand for Horses in the To-wn of Norfolk. 

It is ordered and enacted by this Assembly, That the brand 
for horses in and for the town of Norfolk be the following 
figure, viz : p 

This Assembly do establish Mr. James Morgan to be Cap- 
tain of the company or trainband in the east division of the 
parish of Reading in the 4th regiment in this Colony. 

This Assembly do establish Mr. Daniel Lyon to be Lieu- 
tenant of the company or trainband in the east division of 
the parish of Reading in the 4th regiment in this Colony. 

Tliis Assembly do establish Mr. Henry Lyon to be Ensign 
of tlie company or trainband in the east division of the parish 
of Reading in the 4th regiment in this Colony. 

This Assembly do establish Mr. Nehemiah Sanford to be 
Ensign of the company or trainband in the west division of 
the parish of Reading in the town of Fairfield. 

This Assembly do establish Mr. Nathaniel Seely jun^. to be 
Lieutenant of the company or trainband in the northern part 
of Stratfield and North Stratford in the 4th regiment in this 
Colony. 



10 PUBLIC RECORDS [May, 

This Assembly do establish Mr. Messenger Palmer to be 
Lieutenant of the eastermost company or trainband in the 
town of Greenwich. 

This Assembly do establish Mr. James Lockwood to be 
Ensign of the eastermost company or trainband in the town 
of Greenwich. 

[454] This Assembly do establish Mr. Abel Hall to be 
Ensign of the company or trainband in the northern part of 
Stratfield and North Stratford in the 4tli regiment in this 
Colony. 

This Assembly do establish Mr. John Case to be Captain 
of the 3d company or trainband in Symsbury in the 1st regi- 
ment in this Colony. 

This Assembly do establish Mr. Francis Barnard to l)e 
Lieutenant of the 3d company or trainband in Symsbury in 
the 1st regiment in this Colony. 

This Assembly do establish Mr. Charles Case to be Ensign 
of the 3d company or trainband in Symsbury in the 1st regi- 
ment in this colony. 

This Assembly do establish Mr. Joshua Hall to be Ensign 
of the north-east company or trainband in the first society in 
Wallingford. 

This Assembly do establish Mr. Samuel May to be Quarter- 
Master of the troop of horse in the 6th regiment in this 
Colony. 

This Assembly do establish Mr. Thomas Prentice to be 
Captain of the 2d company or trainband in Stonington. 

This Assembly do establish Mr. Theophilus Baldwin, jun., 
to be Ensign of the 2d company or trainband in Stonington. 

This Assembly do establish Mr. William Bott to be Captain 
of the company or trainband in the society of Canaan in the 
9th regiment in this Colony. 

This Assembly do establish Mr. Jonathan Husted to be 
Lieutenant of the company or trainband in the society of 
Canaan in the 9th regiment in this Colony. 

This Assembly do establish Mr. James Talmadge to be En- 
sign of the company or trainband in the society of Canaan in 
the 9th regiment in this Colony. 

This Assembly do establish Mr. Noah Fowler to be Ensign 
of the 2d company or trainband in the 7th regiment in this 
Colony. 

This Assembly do establish Mr. Daniel Gates to be Ensign 
of the 1st company or trainband in the town of Preston in 
the 8th regiment in this Colony. 

This Assembly do establish Mr. David Smith to be Lieuten- 



1762.] OF CONNECTICUT. H 

ant of the 1st company or trainband in Soutliington parish in 
Farmington. 

This Assembly do establish Mr. Phineas Barns to be Ensign 
of the 1st company or trainband in Soutliington parish in 
Farmington. 

This Assembly do establish Zebulon West, Esq^, to be Cap- 
tain of the south company or trainband in Tolland. 

This Assembly do establish Mr. Joseph Lothrop to be Lieu- 
tenant of the south company or trainband in Tolland. 

This Assembly do estal)lish Mr. Solomon West to be Ensign 
of tlie south company or trainband in Tolland. 

This Assembly do establish Mr. Samuel Chapman to ))e 
Captain of the north company or trainband in Tolland. 

This Assembly do establish Mr. Elijah Chapman to be Lieu- 
tenant of the north company or trainband in Tolland. 

This Asseml)ly do establish Mr. Stephen Steel to be Ensign 
of the north company or trainband in Tolland. 

This Assembly do establish Mr. Selah Dudley to be Ensign 
of the 9th company or trainband in the 7th regiment in this 
Colony. 

This Assembly do establish Mr. Michael Baldwin to be 
Lieutenant of the 9th company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. Timothy Shepard to be En- 
sign of the 1st company or trainband in Newtown in the 4th 
regiment in this Colony. 

This Assembly do estal^lish Mr. John Eliot to be Lieutenant 
of the 2d company or trainband in the 7th regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Lumm to be Lieu- 
tenant of the 1st company or trainband in Derby. 

This Assembly do establish Mr. Timothy Baldwin to be 
Ensign of the 1st company or trainband in Derby. 

[455] This Assembly do establish Mr. Ezekiel Haze to be 
Quarter-Master of the troop of horse in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. John Peters to be Captain 
of the company or trainband in the society of Gilead in the 
town of Hebron in the 12th regiment in this Colony. 

This Assembly do establish Mr. Daniel Ingham to be Lieu- 
tenant of the company or trainband in the society of Gilead 
in the town of Hel3ron in the 12th regiment in this Colony. 

This Assembly do establish Mr. Moses Thrall to be Captain 
of the 2d company or trainband in Bolton in the 1st regiment 
in this Colony. 



12 PUBLIC RECORDS [May, 

This Assembly do establish Mr. Stephen Johns to be Lieu- 
tenant of the 2d company or trainband in Bolton in the 1st 
regiment in this Colony. 

This Assembly do establish Mr. Philip Smith to be Ensign 
of the 2d company or trainband in Bolton in the 1st regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Belding to be Cap- 
tain of the 3d company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. Hezekiah Wells to be Lieu- 
tenant of the 3d company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. George Kilborn to be En- 
sign of the 3d company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. Ebenezer Bliss to be Cap- 
tain of the 6th company or trainband in Windsor in the 1st 
regiment in tliis Colony. 

This Assembly do establish Mr. Timothy Perin to be Ca]> 
tain of the 16th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Stephen Marcy to be Lieu- 
tenant of the 16th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Moses Chandler to be En- 
sign of the 16th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Loomis, jun., to be 
Captain of the company or trainband in the parish of Goshen 
in the town of Lebanon in the 12th regiment in this Colony. 

This Assembly do establish Mr. John Whitney to be Lieu- 
tenant of the company or trainband in the parish of Goshen 
in the town of Lebanon in the 12th regiment in this Colony. 

This Assembly do establish Mr. John Wattles, jun., to be 
Ensign of the company or trainband in the parish of Goshen 
in the town of Lebanon in the 12th regiment in this Colony. 

This Assembly do establish Mr. Ignatius Barker to be Cap- 
tain of the 2d troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Israel Loomis to be Lieu- 
tenant of the 2d troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Seth Wright to be Cornet 
of the 2d troop of horse in the 12th regiment in this Colony. 

This Assembly do establish Mr. Jonathan Smith to be Cap- 
tain of the 4th company or trainband in Woodbury. 



1762.] OF CONNECTICUT. 13 

This Assembly do establish Mr. John Meigs to be Ensign 
of the 4th company or trainband in W(3odl)in'y. 

This Assembly do establish Mr. Samncl Galpin to be Gap- 
tain of the 15th company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. Richard Hubbard to be 
Lieutenant of the 15th company or trainband in the 6th regi- 
ment in this Colony. 

This Assembly do establish Mr. Watts Hubbard to be En- 
sign of the 15th company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. William Church to be Cap- 
tain of the 1st company or trainband in the parish of Milling- 
ton in East Haddam. 

[456] This Assembly do establish Mr. Joseph Cone to he 
Lieutenant of the 1st company or trainband in the parish of 
Millington in East Haddam. 

This Assembly do establish Mr. Simeon Ackley to be Ensign 
of the 1st company or trainband in the parish of Millington 
in East Haddam. 

This Assembly do establish Mr. Amos Camp to be Captain 
of the company or trainband in the parish of Merridan in 
Wallingford. 

This Assembly do establish Mr. Ebenezer Cole to be Lieu- 
tenant of the company or trainband in the parish of Merridan 
in Wallingford. 

This Assembly do establish Mr. Josiah Robinson, jun., to 
be Ensign of the company or trainband in the parish of Mer- 
ridan in Wallingford. 

This Assembly do establish Mr. Deliverance Woodward to 
be Ensign of the 10th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Jonathan Gurley to be 
Lieutenant of the 10th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Abraham Spafford to be 
Captain of the 10th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Obadiah Gore to be Lieu- 
tenant of the 8th company or trainband in the town of 
Norwich. 

This Assembly do establish Mr. Ambrose Blunt to be 
Ensign of the 8th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Theophilus Baldwin to be 
Captain of the 1st company or trainband in New Milford. 



14 PUBLIC RECORDS [May, 

This Assembly do establish Mr. Benjamin Gaylord to be 
Lieutenant of the 1st company or trainband in New Milford. 

This Assembly do establish Mr. Sherman Boardman to be 
Ensign of the 1st company or trainband in New Milford. 

This Assembly do establish Mr. Ebenezer Pitcher to be 
Lieutenant of the 5th company or trainband in Woodbury. 

This Assembly do establish Mr. Gideon Hollister to be 
Ensign of tlie 5th company or trainband in Woodbury. 

This Assembly do establish Mr. Zebadiah Ingalls to be 
Ensign of the 10th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Abraham Camp to be Lieu- 
tenant of the 1st company or trainband in the 1st society in 
the town of Nor walk in the 9th regiment in this Colony. 

This Assembly do establish Mr. Stephen Davis to be Ensign 
of the 1st company or trainband in the 1st society in the town 
of Norwalk in the 9th regiment in this Colony. 

This Assembly do establish Mr. Robert Allyn to be Lieu- 
tenant of the 2d company or trainband in Groton in the 8th 
regiment in this Colony. 

This Assembly do establish Mr. Ralph Stoddard to be 
Ensign of the 2d company or trainband in Groton in the 8th 
regiment in this Colony. 

This Assembly do establish Mr. Ezra Gregory to be Quarter- 
Master of the troop of horse in the 9th regiment in this 
Colony. 

This Assembly do establish Mr. Zerubbabel Jerom to be 
Ensign of the company or trainband in New Cambridge in 
Farmington in the 1st regiment in this Colony. 

This Assembly do establish Mr. Jonathan Remington to be 
Captain of the 2d company or trainband in the town of Suffield 
in the 1st regiment in this Colony. 

This Assembly do establish Mr. John Levit to be Lieutenant 
of the 2d company or trainband in Suffield in the 1st regiment 
in this Colony. 

[457] This Assembly do establish Mr. Moses Fish to be 
Captain of the 13th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Moses Robbins to be Lieu- 
tenant of the 13th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Jonathan Palmer to be 
Ensign of the 13th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Joshua Raymond to be 



1762.] OP CONNECTICUT. 15 

Captain of the 3d company or trainband in New London in 
the 3d regiment in this Colony. 

Tliis Assembly do establish Mr. Christoi)her Raymond to 
be Lieutenant of the 3d company or trainband in New London 
in the 3d regiment in this Colony. 

This Assembly do establish Mr. Amariah Hammond to be 
Ensign of the 3d company or trainband in New London in the 
3d regiment in this Colony. 

This Assembly do establish Mr. Silas Hamilton to be 
Captain of the 2d company or trainband in Danbury in the 
4th regiment in this Colony. 

This Assembly do establish Mr. Thomas Stevens to be 
Lieutenant of the 2d company or trainband in Danbury in the 
4tli regiment in this Colony. 

This Assembly do establish Mr. Richard Bryan jun. to be 
Captain of the 2d company or trainband in the 2d regiment 
in this Colony. 

This Assembly do establish Mr. Isaac Clark to be Lieuten- 
ant of the 2d company or trainband in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Benjamin Bull to be Ensign 
of the 2d company or trainband in the 2d regiment in this 
Colony. 

This Assembly do establish Mr. James Noyes to be Captain 
of the 1st company or trainband in Stonington in the 8th 
regiment in this Colony. 

This Assembly do establish Mr. Thomas Stanton jun. to 
be Lieutenant of the 1st company or trainband in the 8th 
regiment in this Colony. 

This Assembly do establish Mr. Jehiel Hawley to be Lieu- 
tenant of the 2d company or trainband in New Milford. 

Tliis Assemlily do establish Mr. Samuel Canfield to be 
Ensign of the 2d company or trainband in New Milford. 

This Assembly do establish Mr. John Mix to be Ensign of 
the 5th company or trainband in the 2d regiment in this 
Colony. 

This Assembly do establish Mr. Abel Merrils to be Captain 
of the company or trainband in New Hartford in the 1st regi- 
ment in this Colony. 

This Assembly do establish Mr. Samuel Benham to be 
Lieutenant of the company or trainband in New Hartford in 
the 1st regiment in this Colony. 

This Assembly do establish Mr. Ely Flower to be Ensign 
of the company or trainband in New Hartford in the 1st regi- 
ment in this Colony. 



16 PUBLIC RECORDS [May, 

Tliis Assembly do establish Mr. Martin Kellogg to be 
Ensign of the 1st company or trainband in Suffield in the 1st 
regiment in this Colony. 

Tliis Assembly do establish Mr. Ephraim Wheeler to be 
Licutejiant of the 2d company or trainband in Stratford in 
the 4th regiment in this Colony. 

This Assembly do establish Mr. Daniel Judson to be Ensign 
of the 2d company or trainband in Stratford in the 4th regi- 
ment in this Colony. 

This Asseml)ly do establish Mr. Samuel Kesson to be 
Captain of the 11th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. John Dixson to be Lieuten- 
ant of the 11th company or trainband in the 11th regiment in 
this Colony. 

[458] This Assembly do establish Mr. John Dixson jnn. to 
be Ensign of the 11th company or trainband in the 11th regi- 
ment in this Colony. 

This Asi^embly do establish Mr. Nathaniel Clark to be Lieu- 
tenant of the 3d company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Samuel Carpenter to be 
Ensign of the 3d company or trainband in the 11th regiment 
in tliis Colony. 

This Assembly do establish Mr. Charles Churchil to be 
Captain of the lOtli company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Martin Kellogg to be Lieu- 
tenant of the 10th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Josiali Mack jun. to be 
Ensign of the company or trainband in the parish of Gilead 
in the town of Hebron in the 12th regiment in this Colony. 

lliis Assembly do establish Mr. Jonathan Humphry to be 
Captain of the 2d company or trainband in Symsbury in the 
1st regiment in this Colony. 

This Assembly do establish Mr. Hezekiah Humphry to be 
Lieutenant of the 2d company or trainband in Symsbury in 
the 1st regiment in this Colony. 

This Assembly do establish Mr. Samuel Foot to be Ensign 
of the 2d company or trainband in Symsbury in the 1st regi- 
ment in this Colony. 

This Assembly do establish Mr. David Orcutt to be Captain 
of the 7th company or trainband in the 5th regiment in this 
Colony. 



17G2.] OP CONNECTICUT. 17 

This Assembly do estalJish Mr. Timothy Ed son jun. to be 
Lieutenant of the 7th company or trainband in the 6th regi- 
ment in tliis Colony. 

This Assembly do establish Mr. John Blogget to be Ensign 
of the 7th company or trainl)aiid in the 5th regiment in this 
Colony. 

This Assembly appoints Ebenezer Williams, Esq"", Lieuten- 
ant-Colonel of the 11th regiment in this Colony. 

Whereas in compliance with his Majesty's pleasure, signified 
to his Honour the Governor by letter from the Earl of Egre- 
mont, one of his Majesties principal Secretaries of State, to 
influence and induce this Colony to raise recruits for the re- 
gular regiments in America, it was resolved by the General 
Assembly by special appointment of his Honour the Governor 
conven'd and holden at New Haven the 4th of March last, 
encouragement should be given to the numl)er of five hundred 
and seventy-five effective men in this Colony, not under 
eighteen nor above forty years of age, to enlist themselves for 
said service, and that the sum of five pounds should be al- 
lowed and paid as a bounty to each man so enlisting and ap- 
proved of by the King's Commander-in-Chief, in addition to 
the sum of five pounds New York money by his Excellency 
General Amherst promist to each such volunteer : This 
Assembly, still zealously attentive to his Majesty's said im- 
portant service, and that no practicable expedient in further- 
ance thereof be neglected, do now resolve, that a further sum 
of forty shillings to each such effective man voluntarily 
to enlist as above-said be as a bounty allowed, drawn for 
and paid as aforesaid, in addition to said sum of five pounds 
granted in March last ; and that such bounty be paid to all 
who shall so enlist by the fifteenth day of August next, un- 
less the full and entire number of five hundred and seventy- 
five happen before said fifteenth of August to be inlisted for 
said service. 

This Assembly appoints Capt. Nathaniel Farrand, of Mil- 
ford, to be Surveyor of Lands in the county of New Haven. 

This Assembly appoints Nathaniel Matson jun., of Lyme, 
to be a Surveyor of Lands within and for the county of New 
London. 

[459] Upon the petition of Jeremiah Sherwood, Thomas 
Staples the 2d, and Humphry Ogden, all of Fairfield in Fair- 
field county, listers for the town of Fairfield the year 1761, 
representing to this Assembly that Joseph Wakeman of said 
Fairfield designedly left out of his list for said year rateable 
estate to the amount of one hundred and one pound, for which 
3 



18 PUBLIC RECORDS [^fay, 

estate the said Wakeman was fourfolded to the amount of 
<£404 : that the [said] Wakeman having made application to 
the authority and selectmen of said Fairfield for relief 
respecting said fourfolds, the same were by said authority 
and selectmen abated, under pretext and colour of a lease 
produced by said Wakeman of said estate to one John Hoag 
<fec. ; also representing that said lease was not ho7ia fide made, 
but was fraudulently made, and that with a view to deprive the 
public of their dues and evade his. the said Wakeman's. paying 
his equitable part of the public tax ; and that the said autho- 
rity and selectmen were induced to give such abatement on 
supposition the said lease was honestly and bona fide made ; 
that they were mistaken and erred in granting such abate- 
ment ; and praying this Assembly to reverse and set aside 
the determination and judgment of said authority and select- 
men in granting the abatement aforesaid ; as per petition on 
file : Resolved by this Assembly, that the judgment, order 
and determination of said authority and selectmen, in abating 
said fourfold as aforesaid, be reversed and set aside, and 
that the said fourfold remain and abide good, and that the 
said Wakeman be still holden to pay the several taxes thereon. 

Upon the petition of .Daniel Winter, of Killinglej, vs. Jared 
Mason of Stonington. representing that being indebted to said 
Mason the sum of £1S 3s. Od. money by execution, and beitog 
unable to pay the same, was necessitated to give a bill of sale 
of his cart, cattle, horses and hay to a great value, redeemable 
on payment of said debt : that being unable to pay the same the 
said estate was forfeited and sold by said Mason ; that never- 
theless he afterwards paid £47 Os. Sd. part of said debt, yet 
said Mason refused to return said estate or repay the overplus 
of said debt ; praying an equitaljle determination of said case : 
Whereupon Messrs. Samuel Talcott, Erastus Wolcott and 
William Pitkin jun. were appointed committee to examine said 
case and report thereon, who have pursuant thereunto reported 
that there is due to said petitioner the sum of X"21 15s. 6d. law- 
ful money, which report is accepted and approved ; as per peti- 
tion, report &c. on file appears : Resolved by this Assembly 
and thereon decreed, that the said Daniel Winter shall have 
and recover of the said Jared Mason the said sum of twenty-one 
pounds fifteen .shillings and six pence lawful money, and that 
execution go out therefor accordingly. 

Upon the petition of Ezekiel Roberts of Stanford, represent- 
ing that Anthony De Mill of said Stanford recovered judgment 
against him at Fairfield adjourned county court on the '6d 
Tuesday of April 1761, for the sum of £Z0 damage and 



1762.] OF CONNECTICUT. 19 

£2 12s. 9d. cost, in an action on articles of agreement, by- 
writ dated Xovember 22d, 1760 ; praying for a new trial on 
said case : Resolved by this Assembly, that Jonathan Hoit, 
Abraham Davenport and Jonathan Maltbie, Esq^^, all of said 
Stanford, be appointed commissioners, and they are hereby 
appointed commissioners, to examine the matters of complaint 
in said petition and report their opinion of what shall Ije just 
and equitable therein, to the General Assembly of this Colony 
at their session in Xew Haven October next. 

On the petition of John Eliot, late of Xew Haven now of 
the district of Spencer in the county of Worcester and Pro- 
vince of the Massachusets Bay, complaining that Ebenezer 
Mix, of Hartford in the Colony of Connecticut, preferred his 
[460] petition to the General Assembly at || their sessions in 
October last against him ; therein alledging that on the 28d 
day of June, A.D. 1760, said Eliot proposed to sell said Mix 
certain lands in Wallingford unsight unseen, and affirming to 
said Mix he was ignorant of the value and quality of said 
lands of which said Mix also represented to said xVssembly 
his total ignorance, and that said Mix was induced by said 
Eliot's declaration, to offer him forty shillings per acre for the 
same ; that said Eliot with Lydia his wife made and executed 
to said Mix an ample deed thereof soon after, for payment 
whereof said Mix executed to said Eliot three several notes 
of hand for the sum of .£426 18.s. -id. each ; and said Mix 
also therein alledging that said Eliot, at the time of his affir- 
mation aforesaid, well knew the real and true value of said 
lands, who concealed the same from said Mix and thereby ob- 
tained said agreement by fraud and circumvention, well know- 
ing said land was not then worth more than half the sum 
so secured to be paid ; and that said Assembly did decree and 
order that said deed should be by said Mix delivered up to 
said Eliot and that said notes should not be recoverable in 
law, the said contract and bargain being by said Assembly 
declared to be fraudulent on the part of said Eliot. And the 
said Eliot now representing to this Assembly that since said 
decree of said Assembly in October last he had happily dis- 
covered new and unexpected evidences that said Mix, soon 
after said first proposal and agreement about said lands and 
before executing and passing the deed and notes aforesaid, 
did enquire of divers and sundry persons of and concerning 
the situation, value and quality of the same lands and did 
obtain satisfactory information of the real and true state and 
estimation of some considerable pieces of said lands as sam- 
ples of the whole ; and said Eliot also alledging that he had 



20 PUBLIC RECORDS [May, 

never seen said lands ; praying that said decree may be re- 
versed, annulled and set aside, as per his petition or bill of 
review on file. And the parties being fully and largely heard 
by their council, with the evidences relative to said matters 
referred to in said petition : This Court is of opinion, that 
the matters contained in the petition of review of said 
John Eliot are sufficiently proved. And this Court do there- 
upon decree, order and resolve, that the said judgment, decree 
and determination of the General Assembly in October last, 
founded on the said petition of Ebenezer Mix against said 
John Eliot, above-mentioned and referred to, be and the 
same is hereby reversed and set aside. 

Upon the petition of James Tilly of New London, vs. Icha- 
bod Rogers &c., brought to the General Assembly held at New 
Haven in October last, Messrs. Christopher Avery, of Groton 
in New London county, Esq^, Jeremiah Miller, Esq"", Mr. 
David Gardner, both of New London in said county, were 
appointed commissioners to hear and report &c. to this Assem- 
bly. Since October sessions said commissioners have not had 
opportunity to accomplish said business, and now the parties 
move to this Assembly that the said commissioners may be 
reappointed to heai- said parties and thereof judge and report 
to this Assembly in October next : Resolved by this Assembly, 
that Christopher Avery, Esq"", of Groton in said New London 
county, Jeremiah Miller, Esq"", Mr. David Gardner, both of New 
[461] London, are appointed commissioners to examine || into 
the circumstances of said estate and all matters relative 
to the settlement thereof, and to inquire what debts have been 
paid or satisfied or still remain due from said estate, and 
whether and what assets remain in the hands of the adminis- 
trator for payment thereof, and all things tending to the just 
and equitable settlement of said estate, and make report of what 
they shall find in the premises with their opinion thereon to 
this Assembly in October next, to which time said petition is 
continued. 

Upon the report of Zebulon West, Joseph Strong jun. and 
William Wells, Esq'% a committee appointed by this Assembly 
in May, 1761, to set up, affix and ascertain the bounds divid- 
ing between the town of Stafford and the town of Union, 
reporting that, pursuant to their said appointment they had, 
on the 21st day of September, 1761, heard the parties con- 
cerned by their committees from their respective towns on the 
controversy about said divident line, and were [of J opinion 
that the line called Farrar's Line is the true line between said 
towns, which began at the two chestnut trees for Stafford 



1762.] * OF CONNECTICUT. 21 

southeast corner and extended north 31 degrees and 30 min- 
utes east to the Colony line ; and that in running said line 
they began at said southeast corner bounds of Stafford and 
run north 31 degrees 30 minutes east, (allowing for the vari- 
ation of the compass,) crossing the corner of Ashford, where 
at the north line of said Ashford they made a large heap of 
stones eighty-eight rods easterly from the northwest corner 
bounds of Ashford, a little eastward of a swamp and about 
three rods west of a large cloven rock, thence running the 
same point north 31 degrees and 30 minutes east three miles 
and twenty-five rods, mailing heaps of stones at the end of 
every eiglity rods, to the west line of the land belonging to the 
original proprietors of Union ; then altering the course and 
running north nine degrees east, (allowing for the variation 
of the company [^compassl ) in the west line of the land of the 
said Union proprietors one mile and three quarters and fifty- 
four rods to a heap of stones in the Colony line,the reputed north 
west corner bounds of the town of Union, making heaps of 
stones at the end of every eighty rods in said line ; and that 
the line so run from the north line of Ashford to the Colony 
line and the monuments so fixed are the bounds betw^een said 
towns, &c. : which report of said committee l^eing accepted 
and apjn'oved by this Assembly : It is thereupon resolved and 
decreed by this Assembly, that the line so run and the bounds 
and monuments so ascertained and affixed by said committee, 
from the north bounds of Ashford to the Colony line, is and 
shall be hereafter deemed, known and taken to be the true 
bounds between the said town of Stafford and the said town of 
Union. 

[462] Upon the memorial of Timothy Judd, Thomas Por- 
ter, George Nichols, &c., selectmen of Waterbury, shewing to 
this Assembly that one Joseph Lewis of said Waterbury is 
distracted and void of prudence, and that no person can be 
persuaded to take conservatorship of said Lewis and his estate ; 
and that the said Lewis hath no personal estate, and the said 
town having expended for the support of said Lewis the sum 
of X25 Ibs.ld. lawful money, praying for liberty to sell so much 
of the real estate of the said Lewis as to pay said debt with 
charges of sale ; as per memorial on file, &c. : Resolved by 
this Asseni!)ly, that Timothy Judd, Thomas Porter, George 
Nichols, Phineas Royce, Samuel Hickcox Jun. and Andrew 
Brunson, or the major part of them, have liberty and they are 
hereby impowered, to sell so much of the real estate of the said 
Lewis as to answer said sum of £25 15s. Id. with incident 
charges ; taking direction of the probate court of the district 
of New Haven therein. 



22 PUBLIC RECORDS [May, 

Upon the memorial of Jonas Prentice, Benjamin Clark, 
John Williams, James Noyes, Samuel Minor, Amos Dennison 
and Samuel Hubbard Burdick, selectmen of the town of Ston- 
ington, shewing to this Assembly that one Sarah Goodwell, an 
idiot, one of the poor of the town and now in the care of and 
supported by the said town of Stonington and like so to be 
during her life, and that the said town hath already expended 
considerable sums of money for the support of the said Sarah, 
and that the said Sarah hath had fallen to her by the death of 
her father five acres of land in said Stonington ; praying for 
liberty to sell said land for the support of the said Sarah ; as per 
memorial on file : Resolved by this Assembly, that the me- 
morialists have liberty, and liberty is hereby granted to them, 
to sell the abovesaid five acres of land, and the money to be 
improved for the support of the abovesaid Sarah Goodwell. 

Upon the memorial of Thomas Coverly, of Boston in the 
Province of the Massachusets Bay, and Abigail his wife, late Ab- 
igail Parkman, administratrix on the estate of her late hus- 
band Elias Parkman of said Boston, deceased, representing 
that she had been by his Majesties superior court of judicature 
held at said Boston on the 18th of August, 1761, im- 
powered to make sale of the real estate of said deceased for 
payment of debts <fec. to the amount of one hundred and thir- 
teen pounds money ; that in consequence thereof she had sold 
ninety-six acres of land at a place called Spencer in said Prov- 
ince, only for the sum X53 Qs. 8d. and that there were other 
lands belonging to the estate of said deceased lying in the 
towii of Pomfret in this Colony ; and praying for liberty to 
sell the same &c., as per memorial on file: It is therefore 
resolved by this Assembly, that the memorialists be and they 
hereby are impowered, to make sale of so much of the real 
estate of the said deceased lying within this Colony as shall be 
[463 I sufficient to pay || and satisfy the sum of =£59 I'ds. 4cl 
lawful money with the necessary charges of said sale ; taking 
the advice and direction of the court of probate for the dis- 
trict of Pomfret therein. 

Upon the memorial of Nathan Benjamin, administrator on 
the estate of Joseph Benjamin late of the Province land west 
of Sheffield in the county of Hampshire in the Province of 
the Massachusets Bay, deceased, shewing that the debts due 
from the estate of said deceased surmount the moveable estate 
of said deceased the sum of one hundred and eleven pounds 
seven shilling and two pence lawful money, and that there is 
sufficient real estate of said deceased for that purpose situate 
in the town of Pomfret in this Colony ; praying for liberty to 



1762.] OP CONNECTICUT. 23 

sell so much of the said real estate as shall Ijc sufficient to pay- 
said sum : Resolved by this Assembly, that the memorialist 
have liberty and he is hereby impowered to sell so much of 
the real estate of said deceased within this Colony as shall be 
sufficient to pay said sum with the incident charges of sale ; 
taking direction of the court of probate for tlie district of 
Pomfret therein. 

Upon the memorial of Joel Hotchkiss and others, inhabi- 
tants of the northern parts of the parish of Amity in the 
town of New Haven, praying to be made a distinct ecclesias- 
tical society with proper limits and bounds as set forth in 
said memorial, as per memorial on file : Resolved by this 
Assembly, that Elisha Sheldon of Litchfield, Daniel Sherman 
of Woodbury, and Moses Lyman of Goshen, Esqi^^, be and 
they are hereby appointed a committee, to repair to said par- 
ish, view the circumstances thereof together with the adjoyn- 
ing lands, hear all parties, and make report of what they shall 
find in the premises with their opinion respecting the memo- 
rialists being made a distinct society &c., to this Assembly at 
their sessions at New Haven in October next. 

Upon the petition of Sarah Durfey, of New London in the 
county of New London, administratrix on the estate of Rich- 
ard Durfey late of said New London, deceased, shewing to 
this Assembly that George Richards of said New London 
brought his action of book-debt against said petitioner as ad- 
ministratrix aforesaid, and obtained final judgment therein 
against the estate of said deceased in the hands of said peti- 
tioner for the sum of <£30 Os. Od. lawful money debt and £7 
10s. 10c?. lawful money cost, before the superior court held 
at Norwich in and for the county of New London on the fourth 
Tuesday of March, 1762; that said petitioner mistook her 
plea &c. ; praying for a new trial in said action, &c., as per 
petition on file : Resolved by this Assembly, that said peti- 
tioner is hereby granted the liberty of another trial in said 
action at the superior court to be held at New London in and 
for the county of New London on the fourth Tuesday of Sep- 
tember next, by way of review, and that the future cost only 
follow said new trial. 

[461] Resolved hy this AsHemhly, That Capt. Titus Hurl- 
but take into his care the Battery of New London together 
with all the stores thereto belonging, which are to remain 
under his care until the sessions of this Assembly in May 
next, and that he be commissioned accordingly. And the 
said Hurlbut is impowered to appoint some suitable person 
to Ije gunner thereof, and that on the first day of June next he 



24 PUBLIC RECORDS [May, 

inlist or detach twenty men near said battery, to be nnder the 
command of said Plurlbiit, to assist him in said liattery ; and 
that two of said men duly attend the said captain's command 
in their turn, to watch and ward in said battery, from the first 
day of June until the last day of November next ; and that the 
men as they shall have leisure from other duty in their turn 
shall be employed in cleaning up the small arms and cutlasses 
that are in the said battery. And the said Hurlbut shall be 
allowed for his service nine pounds ; that the gunner be al- 
lowed for his service two pounds, and that each man shall be 
allowed three shillings for his service per day, for each day 
he shall so watch and ward. 

Whereas upon the application and desire of the committee 
appointed by the county court of New Haven county to build 
a State House in New Haven, that this Assembly would give 
some directions concerning the general construction and pro- 
portions of the rooms of said house so as to accommodate the 
public convenience, on which application this Assembly 
appointed a committee to consider and report their opinion 
respecting that matter, which committee have reported that 
they think it advisable that the rooms of said house intended 
for the use of the Assembly when sitting there be each of 
them of the same or nearly the same 'dimensions, and that 
there be a committee appointed by this Asseml3ly to advise 
and direct the aforesaid building committee in all matters rel- 
ative to the construction and finishing said house and all the 
accommodations thereof ; which report being accepted and 
approved : Whereupon this Assembly appoint Jabez Hamlin, 
Robert Walker and Jared Ingersoll, Esqi"*, a committee to 
advise and direct in the premises, as abovesaid. 

Upon the memorial of Daniel Pratt, of Glassenbury in the 
county of Hartford, representing that sometime about the year 
1754, he had built and compleated a house near the ferry called 
Smith's Ferry, crossing Connecticut River from said Glassen- 
bury to Weathersfield, accommodable for a ferryman to live 
in, there being no other house near said ferry, and that he 
held land on the east side said river at the place where said 
ferry was kept, and that in May, 1754, Richard Smith and 
Jeduthan Smith of said Glassenbury had, without his knowl- 
[465] edge or || privity interceptingly re])resented tliat no per- 
son was appointed to keep said ferry, and had obtained liberty 
for themselves to keep and to take the fare of said ferry dur- 
ing the pleasure of said Assembly, to his damage and to dis- 
appointment of the memorialist and his views in building said 
ferry house, &c. ; praying for the liberty of keeping said ferry 



1T62.] OF CONNECTICUT. 25 

&c., as per memorial on file &c. : Resolved by this Assembly, 
that the memorialist from and after the rising of this Assem- 
bly shall have the sole liberty and priviledge of keeping said 
ferry and of taking the fare thereof as by law prescribed ; and 
the same liberty and priviledge is hereby granted unto him 
during the pleasure of this Assembly, 

Upon the memorial of Ephraim Coy, of Preston in the 
county of New London, shewing to this Assembly that he being 
a soldier in the service of this Colony in December last was 
sent with an express from Ticonderoga to Crown Point, and 
on his return by reason of the extremity of the season froze 
both his feet, whereby one of them is in a great measure lost 
and he thereby in a great measure rendered incapable to sup- 
port himself by labour, &c.; praying for relief, as per memo- 
rial on file : This Assembly grants to the memorialist out of the 
public treasury of this Colony the sum of twenty pounds in 
bills of credit of this Colony, for his great misfortune while in 
the service of this Colony as abovesaid, and the Treasurer is 
hereby ordered to pay the same accordingly. 

Upon the memorial of Stephen Butler of Saybrook, admin- 
istrator on the estate of Jonathan Butler late of said Saybrook, 
deceased, shewing to this Assembly that the debts and charges 
exhibited to the court of probate for the district of Guilford 
and allowed by said court against the estate of said Jonathan 
Butler, deceased, surmount the whole inventoried moveable 
estate of said deceased the sum of <£94 12s. l^d., and that 
your memorialist hath nothing in his hand to pay the same ; 
praying that he, or some other meet person, may be impowered 
to sell so much of the real estate of said deceased as will pay 
and answer the said sum with incident charges thereon ; as 
per memorial on file : Resolved by this Assembly, that the 
said Stephen Butler have liberty and he is hereby appointed 
and impowered, to sell so much of the real estate of the said 
deceased as shall be sufficient to raise and answer the said sum 
of X94 12s. l^d. with the incident charges arising on such 
sale ; taking the direction of the court of probate in the dis- 
trict of Guilford therein. 

[466] Upon the memorial of Gurdon Saltonstall, of New Lon- 
don in the county of New London, and others, inhabitants of the 
said town of New London, representing said town of New 
London as being much exposed to the enemy in time of war ; 
that for the attainment of military skill a number of the in- 
habitants of said town had voluntarily formed themselves into 
an Artillery Company ; that the first and second companies 
in said town, out of which said artillery company is chiefly 
4 



26 PUBLIC RECORDS [May, 

formed, are large enough for three com]iaiiies, and that to 
divide said companies by certain lines would not so fully pro- 
mote military skill as the memorialists purpose ; praying that 
said artillery company be made and established, according to 
the regulations and articles of agreement concluded upon by 
them and presented to this Assembly, into a separate and in- 
dependent company : It is enacted and ordered, that said 
artillery company be established to be, and it is hereby made, 
a separate independent company, suljjected to and under the 
regulations of the third regiment as the other companies are 
by law ; and that said company during their continuance 
according to the regulation and articles of agreement con- 
cluded upon by them as aforesaid shall be and they are hereby 
exempted from doing duty in other companies to which they 
belonged before their enlistment into said artillery company : 
Provided that said enlistment shall not at any time exceed 
sixty-four men including oflficers, and that neither of said mil- 
itary companies shall be reduced by such enlistment into said 
artillery company to a less number than sixty-four j^ien exclu- 
sive of officers. 

Upon the memorial of Edward Cogswell jun., of New Mil- 
ford, representing to this Assembly that on the 24th day of 
June, 1760, he was by Mr. Justice Ransom sentenced and 
adjudged to become bound in a recognizance of £50 Os. Od. 
lawful money to the Treasurer of this Colony with a sufficient 
bondsman for his appearance at the superior court then to be 
held at Litchfield in said county on the last Tuesday of August 
saving two, to answer to such matters as should be then and 
there objected against him on the King's account, relating to 
his uttering false and counterfeit coin, knowing the same to 
be such, and that he, said Edward, and one Emerson Cogs- 
well of said New Milford entered into a recognizance accord- 
ing to said judgment and order of said justice ; at which supe- 
rior court he, said Edward, appeared and had by the grand- 
jury an indictment against him found for making counterfeit 
and base coin with intent to utter &c. ; and that he, said 
Edward, notwithstanding his being conscious of his own inno- 
cency, being young, naturally timorous, and destitute of 
friends at court, did upon a sudden surprise leave said court 
[467] without license, || and thereupon said recognizance 
became forfeit ; on which recognizance action hath since been 
brought and now pending in the law ; and further represent- 
ing what he, said Edward, did with regard to any making of 
false coin &c. ; praying to this Assembly that he might have 
liberty of a trial of said matters in said indictment set forth 



1762.] OP CONNECTICUT. 27 

at the superior court next to be held at Litchfield, tliat his 
innocency might a})pear, or that tlie Assembly would in some 
other way grant relief to him, said Edward : Resolved by this 
Assembly, that if the said Edward Cogswell and Emerson 
Cogswell, or either of them, shall pay into the treasury of this 
Colony the sum of twenty five pounds lawful money by the 
17th day of August next, and all cost arisen on said prosecu- 
tion, bond. &c., that thereupon said bond be discharged, and 
the suit thereon pending be dismist. 

On the memorial of Hamuel Kent jun., Esqi", administrator 
with the will annexed on the estate of Richard Austin late of 
Nuffield, deceased, for liberty to sell real estate of the said de- 
ceased to the amount of i£25o lOs. lOd. lawful money, for the 
payment of debts due from said estate, as per memorial on file: 
Resolved by this Assembly, that the memorialist have liberty 
and it is hereby granted to said memorialist, to sell so much 
of the real estate of the said Richard Austin, deceased, as will 
raise said sum of <£253 lO.s. lOd. lawful money, for the pay- 
ment of the debts due from said estate, with incident charge 
of sale ; taking the advice of the court of probate therein. 

Upon the memorial of Ruth Andrus of Wallingford, ad- 
ministratrix on the estate of Daniel Andruss, a minor, late of 
said Wallingford, deceased, shewing to this Assembly that 
the debts due from the estate of the said deceast amounts to 
the sum of <£10 6s. Qd. and that there is no moveable estate 
in said administratrix's hands to pay said debts withal, and 
praying for liberty to sell so much of the land of said deceast 
as shall enable said administratrix to pay said sum with inci- 
dent charges arising on the sale of said land &c. : Resolved 
by this Assembly, that said administratrix have hereby liberty 
granted, to sell so much of the real estate of the said deceast, 
at the direction of the court of probate for New Haven district, 
as to enable her to pay said sum of XIO 6s. Od. lawful money 
with the incident charges arising on such sale. 

Upon the memorial of Joseph Arnold, of East Haddam in 
the county of Hartford, administrator on the estate of Abner 
Shipman, of Lyme in the county of New London, late deceased, 
representing to this Assembly that the debts and chai'ges due 
from the estate of said deceased surmoimt the personal estate 
of said deceased the sum of X4 6s. \d. lawful money ; praying 
for liberty to sell lands <fec., as per memorial on file 
[468] appears : || Resolved by this Assembly, that the me- 
morialist be impowered, and he is hereby impowered, to make 
sale of so much of the real estate of said deceased as to pay 
and satisfy the said sum of <£4 6s. Id. lawful money together 



28 PUBLIC RECORDS [May, 

with the incident charges arising on such sale ; taking the 
directions of the court of probates for the district of New 
London therein. 

Upon the memorial of Jemima Waterbury of Stamford, 
administratrix on the estate of Monmouth Lounsberry late of 
said Stamford, deceased, shewing to this Assembly that since, 
liberty was granted by the General Assembly, in May 1760, 
for the sale of part of the real estate of the said deceased for 
the payment of debts then found due from said estate, other 
debts due from said estate have appeared and been allowed, 
amounting to X72 '2s. 2d. lawful money, for the payment of 
which she hath no personal estate of the said deceased in her 
hands, and praying that some meet person may be appointed 
to sell so much of the real estate of said deceased as will be 
sufficient to pay said sum &c. : Resolved by this Assembly, 
that Thomas June jun., of said Stamford, have liberty and he 
is hereby impowered, to sell so much of the real estate of the 
said Monmouth Lounsberry, deceased, as will be sufficient to 
pay said sum of X72 '2s. 2d. with the incident charges arising 
on such sale ; taking directions of the court of probates in 
the district of Stamford therein. 

On the memorial of Abigail Finch, of Stanford in Fairfield 
county, administratrix on the estate of Joseph Finch late of 
said Stanford, deceased, shewing to this Assembly that the 
debts and charges against the estate of said deceased surmount 
the personal estate of said deceased the sum of £30 9s. 9cZ. 
lawful money, and that the memorialist has nothing in her 
hands to pay and satisfy the same ; praying for liberty to sell 
so much of the real estate of said deceased as will answer said 
sum with the incident charges arising thereon ; as per said 
memorial: Resolved by this Assembly, that the memorialist 
have liberty, and liberty and authority is hereby granted to 
the said memorialist, to sell so much of the real estate of said 
deceased as will raise said sum of jCSO 9s. 9c?. lawful money 
with the incident charges arising thereon ; taking the direction 
of the court of probate of the district of Stanford therein. 

Upon the memorial of Mary Sturgis, administratrix on the 
estate of Gershom Sturgis late of Fairfield, deceased, shewing 
to this Assembly that the debts due from the estate of said 
deceased surmount his personal estate the sum of £46 Is. *l\d. 
and praying for liberty to sell so much of the real estate of 
said deceased as will be sufficient to raise said sum &c. : 
Resolved by this Assembly, that the said Mary Sturgis have 
liberty and she is hereby impowered, to sell so much of the 
[469] real estate || of the said Gershom Sturgis, deceased, as 



1762.] OP CONNECTICUT. 29 

will be sufficient to pay and satisfy said sum of X4G Is. 7|(f. 
with the incident charges arising" on such sale ; taking direc- 
tions of the court of probate in Fairfield district. 

Upon the memorial of Martha Winton, executrix of the last 
will and testament of Andrew Winton late of Fairfield, de- 
ceased, shewing to this Assembly that the debts due from 
the estate of said deceased surmount his personal estate 
the sum of <£52 18s. 8d. and that he, said deceased, 
made no other provision in his said last will for the payment 
of his debts than what his personal estate would answer ; 
praying for liberty to sell so much of the real estate of the 
said deceased as will be sufficient to raise said sum &c. : 
Resolved by this Assembly, that the said Martha Winton have 
liberty and she is hereby impowered, to sell so much of the 
real estate of the said deceased Andrew Winton as will pay 
and satisfy said sum of £5'2 ISs. 8d. with the incident charges 
arising on such sale ; taking directions of the court of probate 
in the district of Fairfield therein. 

Upon the memorial of Joseph Gilbert and Deborah Gilbert, 
administrators on the estate of Thaddeus Gilbert late of Fair- 
field, deceased, shewing to this Assembly that the debts due 
from the estate of said deceased surmount his personal estate 
the sum of £3o 13s. l^d. and praying for liberty to sell so 
much of the real estate of the said deceased as will pay said 
sum (fee. : Resolved by this Assembly, that the said Joseph 
Gilbert have liberty and he is hereby impowered, to sell so 
much of the real estate of the said Thaddeus Gilbert, deceased, 
as will be sufficient to pay and satisfy said sum of 
£33 13.S. l^d. with the incident charges arising on such sale; 
taking directions of the court of probate in the district of Fair- 
field therein. 

On the memorial of Mary Woodford, executrix to the last 
will and testament of Samuel Woodford late of Farmington, 
deceased, for liberty to sell real estate of the said deceased for 
payment of debts due from said estate to the amount of 
£ 19 Is. lOfc?. lawful money, as per memorial on file : Resolved 
by this Assembly, that Jonathan Pettibone, Escf, of Symsbury 
in the county of Hartford, make sale of so much of the real 
estate of the said deceased as will raise said sum of 
.£19 Is. 6|c?. lawful money for the payment of said debt, with 
necessary charge of sale ; to be sold by the advice of the 
court of probate in the district of Hartford. 

On the memorial of John Diggins and Russel Kilborn, 
administrators on the unadministred estate of Thomas Kil- 
born late of Middleton, deceased, shewing to this Assembly 



30 PUBLIC RECORDS [May, 

that the debts due from said estate surmount the moveable 
part thereof the sum of <£T8 Is. 2d. lawful money, and there- 
upon praying for liberty to sell estate &c., as per memorial 
[4.70] on file : || This Assembly grants liberty and hereby 
fully impowers the memorialists to sell so much of the real 
estate of said deceased as will procure the aforesaid sum 
of £18 1.^. 2d. together with the incident charges arising on 
such sale ; taking the direction of tlie court of probate for 
the district of Middleton therein ; and to make and execute 
deed or deeds accordingly. 

On the memorial of Jemima Hubbard of Middleton, admin- 
istratrix on the estate of Solomon Hubbard late of Middleton, 
deceased, shewing to this Assembly that the debts due from 
the estate of said deceased, together with some allowances of 
necessaries made to the widow, surmount the moveable part 
of said estate the sum of X35 lis. 9d. lawful money, and 
thereupon praying for liberty to sell real estate &c., as per 
memorial on file : This Assembly grants liberty and hereby 
fully authorizes and impowers Mr. John Earl Hubbard of said 
Middleton, to sell so much of the real estate of said deceased 
as will procure the sum of X35 1 7s. 9d. lawful money, together 
with the incident charges arising on such sale ; taking the 
directions of the court of probate for the district of Middleton 
therein ; and to make and execute deed or deeds accordingly. 

On the memorial of Flannah Baker, executrix of the last 
will and testament of Timothy Baker, late of Middleton in 
said Colony, deceased, shewing to this Assembly that the debts 
due from said estate with some allowance of necessaries to 
the widow surmount the moveable i)art thereof the sum of 
.£32 8s. lid., thereupon praying for liberty to sell real estate, 
as per memorial on file : This Assembly grants liberty to the 
memorialist to sell so much of the real estate of said deceased 
as will procure the aforesaid sum of thirty-two pounds eight 
shillings and one penny farthing lawful money, together with 
the incident charges arising on such sale, taking the direction 
of the court of probate for the district of Middleton therein, 
and to make and execute deed or deeds accordingly. 

Upon the memorial of Rebeccah Rice and John Austin, 
both of Wallingford, executors on the last will and testament 
of Gideon Rice late of said Wallingford, deceased, represent- 
ing to this Assembly that the debts and charges allowed by 
the court of probate in the district of New Haven against the 
estate of said deceased with a small allowance to the widow 
surmount the whole inventoried moveable estate of said 
deceased the sum of £25 Os. 4ic?. ; that there is no provision 



1762.] OF CONNECTICUT. 31 

in said will for sale of lands for payment of debts &c. ; pray- 
ing for liberty to sell so much of the real estate of said deceas- 
ed as shall be sufficient to pay and satisfy said sum &c. ; 
as per memorial on file : Resolved by this Assembly, that 
the memorialists have liberty, and liberty and authority is 
hereby granted to them, to make sale of so much of the real 
estate of said deceased as shall be sufficient to pay and satisfy 
said sum of X25 Os. 44c?. with the necessary charges thereon ; 
taking the direction of the court of probate in the district of 
New Haven therein. 

[471] Upon the memorial of Esther Parsons of Walling- 
f ord, executrix of the last will and testament of John Parsons 
late of said Wallingford, deceased, representing to this Assem- 
bly that the debts and charges allowed against the estate of 
said deceased, with a small allowance to the widow, surmount 
the whole inventoried moveable estate of said deceased the 
sum of £61 17s. 5c?., and that there is no provision in said 
will to sell lands for answering the same ; praying for liberty 
to sell so much of the real estate of said deceased as will be 
sufficient to pay and satisfy said sum &c., as per memorial on 
file : Resolved by this Asseml)ly, that the memorialist have 
liberty, and liberty and authority is hereby granted her, to 
make sale of so much of the real estate of said deceased as 
shall be sufficient to pay and satisfy said sum of £61 17s. 5d. 
with the necessary charges thereon ; taking the direction of 
the court of probate in the district of New Haven therein. 

Upon the memorial of Ephraim Jackson and Eleazer W il- 
liams, administrators on the estate of William Williams late 
of Fairfield, deceased, shewing to this Assembly that the debts 
due from the estate of the said deceased surmount his personal 
estate the sum of £236 Is. 6d. and praying for liberty to sell 
so much of the real estate of the said deceased as will raise 
said sum &c. : Resolved by this Assembly, that the said Eph- 
raim Jackson have liberty and he is hereby impowered, to sell 
so much of the real estate of the said deceased William Wil- 
liams as shall be sufficient to pay and satisfy said sum of £236 
Is. 6d. with the incident charges arising on such sale : taking- 
directions of the court of probate in the district of Fairfield 
therein. 

Upon the memorial of Nathaniel Blanchard of Killingly, 
shewing to this Assembly that he for sundry years past hath 
been one of the steady attendants with one Mr. Wadsworth 
and his adherents, in said Killingly, and that ho hath ob- 
tained a free vote of the first society in said Killingly giving 
their consent for him, the said Blanchard, to have the same 
priviledge of this Assembly which was granted to the said Mr. 



32 PUBLIC RECORDS [May, 

Wadswortli and his adherents; praying to this Assembly to be 
freed from paying taxes ah'cady laid upon him since the 11th 
day Jan'ry, A.D. 1759, and that he may have the same priviledge 
allowed him for time to come as is already granted to said 
Wadswortli and his adherents ; as per memorial on file : Re- 
solved by this Assembly, that the said memorialist be released 
from the payment of any taxes or rate for supporting minis- 
ters or building meeting-houses demanded of him by the said 
[472] first society II in Killingly since said 11th January ,1759, 
and also that the said Blanchard have and injoy for time to 
come all and singular of the priviledges and benefit <fec. which 
this Assembly heretofore granted to the said Mr. Wadswortli 
and his adherents. 

Upon the memorial of Jeremiah McComber of New Haven, 
conservator of the person and estate of Samuel Cooper late of 
New Haven, deceased, representing unto this Assembly that 
he had expended in supporting said Cooper the sum of £20 
Os. 4d. lawful money ; praying for liberty to sell so much of 
the real estate of said deceased as shall be sufficient to pay said 
sum with the incident charges of such sale ; as by the memo- 
rial on file appears : Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 
granted unto him, to sell so much of the real estate of said 
deceased as shall be sufficient to pay said £20 Os. 4c?. together 
with the incident charges of such sale, and make return of his 
doings unto the county court in the county of New Haven. 

Upon the memorial of Joseph Webb of Stanford, adminis- 
trator on the estate of Epenetus Webb late of said Stanford, 
deceased, shewing to this Assembly that since liberty was 
granted by the General Assembly in May, 1760, for sale of 
part of the real estate of the said deceased for the payment of 
debts then found due from said estate other debts have ap- 
peared and been allowed, amounting to the sum of £19 14s. 
dd. for the payment of which he hath no personal estate of the 
said deceased in his hands, and praying for liberty to sell so 
much of the real estate of said deceased as will be sufficient 
to pay said sum ; as per memorial on file : Resolved by this 
Assembly, that the said Joseph Webb have liberty and he is 
hereby impowered, to sell so much of the real estate of the 
said Epenetus as will be sufficient to pay said sum of £19 14s. 
9c?. with the incident charges arising on said sale ; taking the 
advice of the court of probate in the district of Stamford 
therein. 

Upon the memorial of Joseph Deremier and Sarah his wife, 
of Derby, administrators on the estate of Samuel Washborn 
late of said Derby, deceased, shewing to this Assembly that 



1762.] OF CONNECTICUT. 33 

the debts due from said estate surmount the moveable estate 
the sum of =£25 lO.s. i^d. lawful money, and there being no 
moveables to pay said debt&c., praying for liberty to sell the 
real estate of said deceased, to pay said debt : Resolved by 
[473] this Assembly, that Joseph Hull jun. of Derby have || lib- 
erty, and liberty is hereby granted unto him and lie is hereby 
impowered, to make sale of so much of the real estate of said 
deceased Samuel Washborn as shall raise the sum of £25 
10s. 4:Ui- lawful money and the incident charges arising there- ' 
on ; taking the advice of the court of probate in the district 
of New Haven therein. 

Upon the memorial of Elisha Cornwall, administrator on 
the estate of Ebenezer Cornwall of Middleton, late deceased, 
representing that the debts of said deceased surmount the 
moveable part of his estate X193 3s. Id. lawful money ; pray- 
ing for liberty to sell real estate &c.: Resolved l)y this Assem- 
bly, that liberty and authority is hereby granted to the memo- 
rialist to make sale of so much of the real estate of the said 
deceased Ebenezer as shall be sufficient to procure said sum 
of <£193 3s. Id. lawful money and the incident charges of sale ; 
taking the advice of the court of probate for the district of 
Middleton therein. 

On the memorial of Zaccheus Hanchet and Mary Hanchet, 
administrators on the estate of Zaccheus Hanchet late of Suf- 
field in the district of Hartford, deceased, for liberty of sale 
of the real estate of the said deceased for payment of debts- 
due from said estate, to the amount of <£41 15s. Skd., as per 
memorial <fec. : Resolved by this Assembly, that the memo- 
rialists have liberty, and liberty is hereby granted to the said 
Zaccheus Hanchet, administrator on the estate of the said 
deceased, to sell so much of the real estate of the said deceased 
as will raise said sum of .£41 15s. S^d. lawful money for the 
payment of said debts, with incident charges of sale ; taking 
the advice of the court of probates in the district of Hartford 
therein. 

Upon the memorial of Bathsheba Collins of Weathersfield, 
administratrix on the estate of Benjamin Collins late of said 
Weathersfield, deceased, shewing to this Assembly by the cer- 
tificate of the clerk of the court of probate for the district of 
Hartford that the debts and charges due from the estate of 
the deceased, with some moveables necessary for the memo- 
rialist, surmount the moveable estate of the deceased the sum 
of £24 5s. 5t/. lawful money, for the payment of which the 
memorialist hath no moveable estate to pay the same ; pray- 
ing that this Assembly would grant liberty to the memorialist 
5 



34 PUBLIC RECORDS [Ma}', 

and Giirdon Goodrich of Weathersfield, or some other person, 
to make sale of so much of the real estate of the said deceased 
as will raise said sum of £24 5.s. fid. lawful money with inci- 
dent charges arising thereon, taking the direction of the court 
of probate for the district of Hartford therein: Resolved by 
this Assembly, that the said Bathslieba Collins, the adminis- 
tratrix, and Gurdon Goodrich of Weathersfield have liberty, 
and liberty is hereby granted to them and fully im powered, 
to sell so much of the real estate of the deceased as will raise 
the said sum of X 24 5s. 5d. lawful money with incident charges 
[474 j arising thereon ; taking || the direction of the court of 
probate for the district of IJartford therein. 

Upon the memorial of Bethiah Steel, administratrix on the 
estate of Jonathan Steel late of Farmington, deceased, shew- 
ing to this A ssemV)ly that the debts due from said estate sur- 
mount the moveable estate of said deceased the sum of fifty- 
four pounds six shillings, money ; praying for liberty that she 
may with Mr. Thomas Stow jun. of Middleton sell so much of 
the real estate of said deceased as to make said sum with the 
incident charges &c. : Resolved by this Assembly, that the 
said administratrix have liberty, and she with the said Thomas 
Stow are hereby impowered to sell so much of the real estate 
of said deceased as to make said sum with the incident charges 
arising thereon ; taking the advice of the court of probate for 
the district of Hartford therein. 

Upon the memorial of Tabitha Dcwolf of Middleton, admin- 
istratrix on the estate of John Booth late of Middleton, de- 
ceased, shewing to this Assembly that the debts due from said 
estate surmount the personal estate of said deceased the sum 
of six j)Ounds eighteen shillings and nine pence ; praying for 
liberty to sell so much of the real estate of said deceased as 
to make said sum with the incident charges of sale &c., tak- 
ing the advice of the court of probate for the district of Mid- 
dleton : Resolved by this Assembly, that the said adminis- 
tratrix have liberty and she is impowered, to sell so much of 
the real estate of said deceased as to make said sum of £6 
18s. 9d. with the incident charges thereon arising ; taking the 
advice of the court of probate for the district of Middleton 
therein. 

Upon the memorial of John Hall the 4th, of Wallingford, 
administrator on the estate of Abraham Hall late of Walling- 
ford, deceased, representing to this Assembly that the debts 
exhibited and allowed by the court of probate in the district 
of JScw Haven against the estate of said deceased, other than 
those formerly allowed for the payment of which lands hath 



1762.] OP CONNKCTICUT. 35 

been sold by act of Asscinl)ly, surmount the credits exhibited 
to said court the sum of £6 16s. 5d. lawful money ; pi-aying 
for lil)erty to sell so much of the real estate of said deceased 
as will pay said sum etc., as per memorial on file : Resolved by 
this Assembly, tliat the memorialist have liberty, and liberty 
and authority is ]ierel)y granted him, to sell so much of the 
real estate of said deceased as will l)e sufficient to pay and 
satisfy said sum of £6 16ft. 5d.. with the necessary charges 
thereon ; taking the direction of the court of probate in the 
district of New Haven therein. 

Upon the memorial of Mary Durkee, of Pomfrit in the 
county of Windham, administratrix on the estate of Andrew 
Durkee late of said Pomfrit, deceased, shewing to this Assem- 
bly tliat the debts due from ihe estate of the said deceased 
surmount the personal estate of the said deceased the sum of 
("475] £21 3.V. 4r/. 3, lawful money, and praying for liberty || 
to sell so much of the real estate of the said deceased as to 
make said sum &c., as per memorial on file : Resolved by 
this Assembly, that the said Mary Durkee have liberty, and 
liberty is hereby granted to the said Mary Durkee, to make 
sale of so much of the real estate of the said Andrew Durkee, 
deceased, as to make said sum of X21 3s. 4c?. 3, lawful money, 
with the incident charges arising thereon ; taking the direc- 
tion of the court of probate for the district of Pomfrit therein. 

Upon the memorial of William Roberts and Ann his wife, 
of Danhury, said Ann being administratrix on the estate of 
Andrew Sherwood late of said Danbury, deceased, represent- 
ing to this Assembly that the delits due from said estate, to- 
gether with a small allowance to the widow, surmounts the 
moveable estate the sum of £30 Ss. -l^ld. lawful money; pray- 
ing for liberty to sell so much of the real estate of said deceas- 
ed as shall be sufficient to pay said sum together with the in- 
cident charges of such sale, taking the direction of the court 
of probate for the district of Danl)ury therein ; as appears by 
the memorial on file : Resolved by this Assembly, that Mr. 
Thomas Brush of Newfairfield be impowered, and he is hereby 
fully impowered, to make sale of so much of the real estate 
of said deceased as shall be sufficient to pay said sum of £30 
8s. 4:jd. together with the incident charges ; taking the advice 
and direction of said court of probate. 

Upon the memorial of James Cone, Ebenezer Spencer and 
John Mackall, selectmen of the town of East Haddam in the 
county of Hartford, representing to this Assembly that one 
Jonathan Hinkley of said East Haddam, being likely to come 
to want by mismanagement aud bad husbandry, was by the 



36 PUBLIC RECORDS [May, 

selectmen of said town with the advice of Joseph Spencer, 
Esqf., a justice of peace for said county, in the year A. D. 
1757, taken with his i'amilyinto the care of said selectmen ; 
that they accordingly proceeded to set up notifications and to 
take an inventory of said Hinkley's estate <fec., according to 
the statute in that case made and provided, and that the said 
Hinkley was then much in debt and had several helpless chil- 
dren, which soon swallowed up all his personal estate, and 
that therefore the selectmen of said town have sundry 
times heretofore on their ap])lication to the Hon^'e Assem- 
bly obtained liberty (or sale of some of tlie lands of said Hink- 
ley, the last of which application was made at the General 
Assembly in May, A. D. 1761 ; and also further observed that 
the said Hinkley and his family still continue in the care of 
said selectmen, one of said children very expensive, being 
lame and very impotent, so that the charge of supporting said 
family from May, A. D. 1761, to the present time amounts to 
<£17 1awl'ul money, which together with 30s. lawful money 
[476] debts which have lately appeared and still due || from 
said estate, which debts were contracted by the said Hinkly 
before he was taken into the selectmen's care, amounts in the 
whole to X18 10s. Od. lawful money, and that there is no 
moveables belonging to said estate to pay any part of said debts; 
praying lor liberty to sell lands &c., as per memorial appears: 
Resolved by this Assembly, that the said John Mackall l)e 
impowercd, and he is hereby impowered, to make sale of so 
much of the real estate of said Hinkly as will be sufficient to 
satisfy said sum of <£18 10s. Od. together wdth incident 
charges ; to be by the memorialists improved for the pay- 
ment of said debts. 

Upon the memorial of Israel Holly jun. and Hannah Holly, 
administrators upon the estate of Samuel Spafford late of 
Sharon in the county of Litchfield, deceased, shewing to this 
Assembly that the debts due from said estate with a small 
allowance made to the widow surmount the personal estate of 
said deceased the sum of X8 7s. od. 3, and praying for liberty 
to sell lands, as per memorial on file &c. : Resolved by this 
Assembly, that the said Israel Holly jun. have liberty, and 
liberty is hereby granted to him, to sell so much of the lands 
of said Samuel Spafford, deceased, as to procure said sum of 
£8 Is. 5d. 8, witli the incident charges arising thereon; tak- 
ing direction of the court of probate in the district of Sha- 
ron therein. 

Whereas Jonathan Trumble and Joshua West, Esqi's, were 
by the General Assembly of this Colony at their sessions in 



1762.] OF CONNKCTICUT. 37 

May, 1760, appointed a committee to repair to tlie Moliegan 
and Indian lands in the township of New London, view tlie 
same and consider what new liighways therein may he con- 
veniently laid ont &c., who thereupon, on the 10 and 11th 
days of Sei)tember, 1760, repaired to said Mohcgan and In- 
dian lands, viewed the several highways &c., and their opin- 
ion thereon made and reported to the General Assembly at 
their sessions at New Haven in October, 1760, viz: That all 
the highways laid out within the said lands and allowed to be 
pent be within a reasonable time laid open by and at the ex- 
pence of the several persons through whose lands such high- 
ways run, and so remain for the future, and that the same be 
forty feet in width (fee. ; which said rei)ort is so far approved 
and accepted: And thereupon resolved by this Assembly, 
that the several persons through whose lands said highways 
run be by such persons within six months laid open through 
each of their res])ective lands,* and at their own charge and 
[477] expence, at least forty feet in width, and that the same|| 
be and become open public highways ; and said several persons 
are hereby ordered to lay open the same accordingly. 

Upon the memorial of the inliabitantsof the parish of Stan- 
wich, shewing to this Assembly that Jonathan Palmer and 
others living in the southwesterly part of said parish north of 
the half mile line, so called, with their estates had been for- 
merly annexed to the parish of Horsneck; further shewing, 
that most of the persons so set off as aforesaid are since dead 
and their estates come into the hands of other people living 
in said parish of Stanwich ; also representing that the min- 
isterial charges in said parish are much greater than those of 
the society of Horseneck <fec. ; praying to have the aforesaid 
estates &c. set back to said parish of Stanwich ; as by the 
memorial on file : Resolved by this Assembly, that the sev- 
eral persons yet living abovementioned referred to, and all 
said estates north of said hall" mile line and within the general 
bounds of said parish of Stanwich shall be, and they are 
hereby, set back and shall belong to and be taxed in the said 
parish or society of Stanwich in like manner as the rest of 
the polls and rateal)le estate within the same, and shall not be 
any longer liable to be taxed in said parish of Horseneck. 

Upon the memorial of Samuel Barns of New Haven, con- 
servator of the person and estate of Moses Tuttle of said New 
Haven, representing to this Assembly that he had exjiended 
in supporting of said Tuttle the sum of .£13 2s. Qd. lawful 
money ; praying for liberty to sell so much of the real estate 

*So in the original bill. 



38 PUBLIC RECORDS [May, 

of said Tiittle as sliall be sufficient to pay said sum together 
with the incident charges ; as by the memorial on file : Re- 
solved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted unto him, to sell 
so much of the real estate of said Tuttle as shall be sufficient 
to pay said c£13 2.s-. Od. with the incident charge of such sale, 
and make return of his doings unto the county court in the 
county of New Haven. 

Upon the memorial of Abigail Iiigham, of Durham in the 
county of New Haven, administratrix on the estate of Joseph 
Ingham of said Durham, late deceased, representing to this 
Assembly that the debts and charges ex]iil)ited by the 
said administratrix to the court of probate in the district of 
Middlcton and allowed by the said court surmount the move- 
able part of the said estate the sum of £21 9s. 5d. lawful 
money, and praying for liberty to have so much of the real 
[478] estate of the said|| deceased sold as will be sufficient to 
raise said sum and incident charges of sale &c.: Resolved by this 
Assembly ,that the memorialist have liberty, and liberty is here- 
by granted, for the selling of so much of the said real estate 
as prayed for ; and Daniel Wright of said Durham is hereby 
appointed and fully impowered to make sale of so much of 
the real estate of the said deceased as shall amount to the 
said sum of £21 9s. 5d. together with the incident charges of 
sale ; taking the advice of the court of probate in the district 
of Middleton therein. 

Upon the memorial of Epenetus Weed of Stanford, admin- 
istrator on the estate of John Slasonjun. late of said Stanford, 
deceased, shewing to this Assembly that the debts &c. due 
from the estate of said deceased surmount the moveable estate 
of said deceased the sum of X54 13s. Sj:d. lawful money, and 
praying to this Assembly for liberty to sell so much of the 
real estate of said deceased as to make payment of said sum 
&c., as per memorial on file : Resolved by this Assembly, 
that the memorialist have liberty, and liberfy is hereby grant- 
ed to him, to sell so much of the real estate of said deceased 
as to make the aforesaid sum of <£54 13s. S^d. lawful money, 
together with the incident charges arising thereon ; taking the 
directions of the court of probates for the district of Stanford 
therein. 

Upon the memorial of Charles French, Abel Gun and oth- 
ers, selectmen of Derby in the county of New Haven, repre- 
senting that they have legally in their keeping and under 
their care John Smith of said Derby, his family and estate, 
upon the account of said John's idleness, mismanagement and 



1762.] OP CONNECTICUT. 39 

bad lius))andi7, and that the debts due from said John ])revi- 
oiis to his being so laken into care amounts to the sum of 
thirty-six pounds twelve shillings, and that there was not 
personal estate of the said John's to pay said debts ; pi'aying 
for liberty to sell lands therefor, as per memorial on file ap- 
pears : Resolved by this Assembly, that the memorialists 
have liberty, and liberty and power is hereby given to them, 
to sell so much of the lands and real estate of the said Jolin 
Smith as will l)e sufficient to answer said debts with the in- 
cident charges, and make and execute deed or deeds thereof 
accordingly. 

On the memorial of Hannah Johnson of Lebanon, adminis- 
tratrix on the estate of Maverick Johnson late of said Leba- 
[479] non, deceased, shewing || that the debts and cliarges 
due on the estate of said deceased surmounts the inventoried 
moveable part thereof the sum of one hundred and twenty 
pounds in lawful money ; praying for lilierty to make sale of 
real estate of said deceased suflficient to raise and pay the said 
sum and incident charges &c., as by the said memorial on file : 
Resolved by this Assembly, that the said administratrix have 
liberty, and liberty and authority is hereby granted to her, 
to make sale of so much of the real estate of said Maverick 
Johnson, deceased, as shall be sufficient for raising and pay- 
ing said sum of X120 0^. Od lawful money, with the incident 
charges ; taking the direction of the court of probate for the 
district of Windham therein. 

On the memorial of Eliphalet Wood worth and Anna Wood- 
worth his wife, both of Lebancm, which said Anna is the sole 
executrix of the last will and testament of Samuel Lyman of 
Coventry, deceased, shewing that the debts and charges due 
from the estate of said Samuel Lyman surmount the invento- 
ried moveable part thereof the sum of <£28 18s. 5d., and no 
other provision than liis moveable estate is made in and by his 
last will and testament for the payment of his debts ; praying 
for liberty to make sale of real estate of said deceased suffi- 
cient for the payment of said debts ; as per memorial on file : 
Resolved by this Assembly, that the memorialists have liberty, 
and liberty and authority is liereby granted unto them, to sell 
so much of the real estate of said deceased Samuel Lyman as 
shall raise the said sum of £28 18.?. bd. for payment of said 
debts ; under the direction of the court of probate for the dis- 
trict of Windham. 

On the memorial of Mary Rennals of Lebanon, administra- 
trix on the estate of Thomas Rennals, deceased, shewing that 
(;he debts and charges due from the estate of said deceased 



40 PUBLIC Rp]CORDS [May, 

surmount the inventoried moveable part thereof the sum of 
thirty-three pounds six shillings and eight pence in lawful 
money ; praying for liberty to make sale of real estate of said 
deceased sufhcient to pay the said sum and incident charges 
(fee, as by the said memorial on file: Resolved by this As- 
sembly, that liberty l)e and is hereby granted to said adminis- 
tratrix, to make sale of so much of the real estate of said de- 
ceased Thomas Rennals as shall be sufficient for the payment 
of said sum of £'-lS Qs. 8d. with the incident charges ; taking 
the direction of the court of probate for the district of Wind- 
ham therein. 

Upon the memorial of Ezra Hawley and Mehitabel Tread- 
well, executors of the last will and testament of Hezekiah 
Treadwell late of Stratford, deceased, shewing to this Assem- 
bly that the debts due from the estate of said deceased sur- 
[480] mount his personal estate || the sum of X152 Ss. Od. lawful 
money, and that the said Hezekiah Treadwell made no other 
provision in his said will for the payment of his debts than 
what his moveable estate would answer, and praying for lib- 
erty to sell so much of the real estate of said deceased as will 
pay the sum aforesaid, &g. : Resolved by this Assembly, that 
the said Ezra Hawley have liberty, and he is hereby impow- 
ered, to make sale of so much of the real estate of the said 
Hezekiah Treadwell, deceased, as will be sufficient to pay and 
satisfy said sum of .£162 8s. Od. lawful money with the incident 
charges arising on such sale ; taking directions of the court of 
probate in the district of Fairfield therein. 

Upon the memorial of Deborah Osborn of Fairfield, execu- 
trix of the last will and testament of Samuel Cluckstone late 
of said Fairfield, deceased, shewing to this Assembly that the 
debts due from the estate of said deceased surmount his move- 
able estate the sum of £25 9s. 2d. lawful money, and that the 
said deceased Samuel Cluckstone made no other provision in 
said last will for the payment of his debts than what his movea- 
ble estate would answer, and praying for liberty to sell so much 
of the real estate of said deceased as will be sufficient to raise 
said sum &c. : Resolved by this Assembly, thatEphraim Os- 
born of said Fairfield have liberty, and he is hereby impow- 
ered, to sell so much of the real estate of the said Samuel Cluck- 
stone, deceased, as will be sufficient to pay and satisfy said 
sum of £25 9s. 2d. lawful money with the incident charges 
arising on such sale ; taking directions of the court of probate 
in the district of Fairfield therein. 

Upon the memorial of Joel Griswold and Ezekiel Griswold, 
administrators on the estate of David Griswold late of Wind- 



I7t)2.] OF CONNECTICUT. 41 

sor, deceased, representing to this Assembly that the debts 
and charges allowed by the court of probate for the district of 
Hartford, together with the necessaries set to the widow of 
the said deceased, surmount the moveable estate of said de- 
ceased the sum of .£146 8s. lie?, lawful money ; ])raying to 
this Assenil)ly that some suitaljle person may be appointed to 
make sale of so much of the real estate of the said deceased 
as Avill procure the aforesaid sum with incident charges aris- 
ing on said sale : Resolved by this Assembly, that liberty is 
hereby given to said Joel Griswold and he is hereby impow- 
ered, to make sale of so much of the real estate of 
the said deceased as will procure the sum of X146 8«. lid. 
with the incident charges arising on said sale ; taking the di- 
rection of the court of probate for the district of Hartford 
therein. 

Upon the memorial of Isaac Bull of Kent and Chickens 
Wallops, one of the Indians called Scaticooks : the said In- 
dian praying liberty to sell a piece of rough unprofitable land 
[481] to him belonging, situate || in said Kent, near said 
Bull's house, containing in quantity about thirty acres, he be- 
ing sick, impotent and unal)le to support himself; and said 
Bull praying liberty to purchase the same, as per memorial on 
file appears &c. : Resolved by this Assembly, that the said 
Chickens Wallops have lilierty, and liberty and power is herel^y 
granted to him, by and with the advice and direction of his over- 
seer, Jabez Swift of said Kent, to sell and convey said land to 
said Isaac Bull or any other purchaser that shall offer ; and 
said Bull or any other person is also hereby permitted to buy 
the same. 

Upon the memorial of John Cham])erlain, administrator on 
the estate of Samuel Fuller late of Colchester, deceased, shew- 
ing to this Assembly that the debts due from the estate of 
said deceased surmount the personal estate of said deceased 
the sum of ,£72 Is. S^d. lawful money, and praying for lib- 
erty to sell so much of the real estate of said deceased as is 
sufficient to raise said sum with the incident charges arising : 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty is hereby granted to him, to sell so much of the 
real estate of said deceased as shall be sufficient to raise said 
sum with tlie incident charges arising thereon ; taking the 
direction of the court of probate in the district of East Had- 
dam therein. 

Upon the memorial of Mary Sabin, of Pomfret in the coun- 
ty of Windham, administratrix on the estate of Capt. Noah 
Sabin late of yaid Pomfret, deceased, shewing to this Assem- 
6 



42 PUBLIC RECORDS [May, 

bly that the debts due from said estate surmount tlie personal 
estate of tlie said deceased the sum of £108 2s. 4(i. 2, lawful 
money, and praying for liberty [to sell] so much of the real 
estate of the said deceased as to make said sum ; as per me- 
morial on file: Resolved by this Assembly, that the said 
Mary i-'abin have liberty, and lil)erty is hereby granted unto 
her, to make sale of so mucli of tlie real estate of the said 
Noah Sabin. deceased, as to make said sum of X108 2s. 4d. 2, 
lawful money, with the incident charges arising thereon : tak- 
ing the direction of the court ofi>robate in the district of Pom- 
fret therein. 

Upon the memorial of Oliver Fairchild of Newtown, con- 
servator of the person and estate of Peninah Turner of said 
New Town, being 7ion compos mentis, shewing to this Assem- 
bly that the expences paid for her support as allowed by the 
county court within and for the county of Fairfield is £h\ Is. 
l^d. and that the said memorialist has paid X9 10s. Sd. of said 
debts with the said Peninah's personal estate, which is all the 
personal estate she has, and that there remains yet unpaid 
X44 16s. lOid. of said debts ; therefore prays this Assembly 
to appoint himself, or some other meet person, to sell so much 
of the real estate of the said Peninah as may be sufficient to 
discharge said debts of £44 IG.s. lOld. with the incident 
[482] charges arising thereon, as per memorial on file : || Re- 
solved l)y this Assembly, that the said Oliver Fairchild l)e 
impowered, and he is hereby impowered, to sell so much of 
the real estate of said Peninah Turner as may be sufficient to 
discharge said debts of £44 16s. lOid. with the incident 
charges of said sale. 

Upon the memorial of Eliphalet Comstock, of Kent in the 
county of Litchfield, shewing to this Assembly that the dwell- 
ing4iouse of him, the said Eliphalet, was on the evening after 
the 23d day of April last past consumed to ashes, and amongst 
other things that the said Eliphalet had sundry paper bills on 
the Colony of Connecticut to the amount of £5 3s. Qd. 3, 
lawful money, consumed in the said fire, and praying to this 
Assembly to grant to him the said sum of £5 3s. 6d. 3, to be 
paid out of the treasury of this Colony : Resolved by this 
Assembly, that the said memorialist be allowed to receive the 
said sum of £5 3s. Qd. 3, lawful money, out of the public 
treasury of this Colony ; and the Treasurer is hereby ordered 
to pay the same accordingly. 

Upon the memorial of Daniel Greenel and Mary Greenel, 
jun., administrators on the estate of William Greenell late of 
Saybrook, deceased, representing to this Assembly that the 



lTr)2.] OF CONNECTICUT 43 

debts due from the estate of said deceased surmount the per- 
sonal estate of said deceased the sum of £t')3 4.s. 2id., and 
praying for liberty to sell so much of the real estate of said 
deceased as will raise said sum with the incident charges 
arising thereon : Resolved by this Asseml)ly, that so much 
of the real estate of said deceased be sold ; and Mr. Joseph 
Spencer of said Saybrook is hereby impowered to sell so 
much of the real estate of said deceased as will raise said 
sum with the incident charges arising thereon ; taking the 
direction of the court of probate in the district of Guilford 
therein. 

Upon the memorial of Abraliam Cruttendeii, of Durham 
in the county of New Haven, shewing to this Assembly that 
the ilel)ts and charges due from the estate of John Cruttenden 
late of said Durham, deceased, exhibited to the court of pro- 
bate for the district of Middleton and allowed by said court, 
surmount the moveable part of the estate of said deceased 
the sum of £60 18s. l^d. ; praying this Assembly to appoint 
and inipower some meet person to make sale of so much of 
the real estate of said deceased as will raise said sum of X60 
18.S'. lid. with tlie incident charges arising on said sale : 
Resolved l)y this Assemlily, that lil^erty is hereby granted ; 
and Capt. James Curtis jun. of Durham is appointed and im- 
powered to make sale of so much of the real estate of said 
deceased as will raise said sum of £60 18s. l^d. with the in- 
cident charges arising on said sale ; taking the direction of 
the court of probate lor the district of Middleton therein. 

Upon the memorial of Daniel Osborn, of Fairfield in Fairfield 
county, conservator over Thaddeus Osborn of said Fairfield, 
[488 I II a person 7ion compos mentis, representing to this As- 
sembly that he hath expended for the support of said Thad- 
deus Osborn the sum of twenty-nino pounds six shillings and 
five pence, which sum hath been allowed l)y the county court 
within and for the county of Fairfield ; that the said Thad- 
deus hath no moveable estate wherewith to satisfy said sum 
or any part thereof ; praying for liberty to sell so much of the 
real estate of said Thaddeus Osborn as will be sufficient to 
pay and satisfy said sum with the incident charges arising 
thereon &c., as per memorial on file : Resolved by this As- 
sembly, that the memorialist have liberty, and liberty and au- 
thority is hereby granted to him, to make sale of so much of 
the real estate of said Thaddeus Osborn as will be sufficient to 
pay and answer said sum of twenty-nine pounds six shillings 
and five pence with the incident charges arising thereon. 

Upon the memorial of Uriah Brigham, Stephen Brighara 



44 PUBLIC RECORDS [May, 

and Catharine Carpenter, representing; to this Assembly that 
Elnathan Brigham late of Mansfield, deceased, sometime be- 
fore his death, while he was in perfect mind and memory, did 
settle his estate agreeable to his mind and will, in which set- 
tlement he, said Elnathan, made and executed sundry deeds 
of his lands to his children and grandchildren, mentioned and 
described in said deeds, some of which deeds the said Elna- 
than acknowledged before proper authority and gave to the 
grantees mentioned in said deeds, and that there remained at 
said settlement, viz . on the 6th day of February 1754, three 
deeds made and executed by the said deceased to his children 
and grandchildren dated said sixth of February, which were 
through forgetfulness <&c. never acknowledged by said Elna- 
than before proper authority : one of which deeds was made 
to said Uriah of about sixty acres of land lying in the south- 
erly part of the township of Willington ; one other of said 
deeds to said Stephen, conveying to him a certain parcel of 
land lying in the southerly part of the township of said Wil- 
lington and the northerly part of the lot No. t-', containing one 
hundred and ten acres ; the other deed is to Thomas Paul and 
Dinah Brigham, conveying to them all the said Elnathan's 
land lying in the town of Coventry, in Andover parish at a 
place called Bear-Swamp, said lands laid out in sundry di- 
visions ; reference to said deeds &c. ; praying to this Assembly 
that said three deeds may be entered on the records of and in 
the several towns where said lands lye in the same manner 
as if the same had been acknowledged by the grantor before 
proper authority according to law, with the evidence on each 
of them indorst of tlieir being duly executed, and that the 
town-clerks of each of said towns be ordered to enter the 
same in manner aforesaid, and that each of said three deeds, 
or copies thereof from said records, may be given in evidence 
and received as if the same had been acknowledged &c. : 
[484] Resolved by this Assembly, that said three deeds 
before-mentioned and descril:ed with the evidences (hereon 
may be entered at large on the records of and in the towns 
where said lands (in said deeds described) do lye, and that 
the town-clerks of said several towns be and they are hereby 
ordered and directed to receive and enter at large on the 
records of said towns the said deeds when desired, in the 
same manner as if said deeds had been acknowledged before 
proper authority, and that said deeds and copies thereof prop- 
erly attested shall be as good evidence in law as if said deeds 
had been acknowledged as is provided by the laws of this 
Colony. 



1762.] OF CONNECTICUT. 45 

Upon the memorial of Abigail Adams, administratrix on 
the estate of Capt. Faniuel Adams late of Canterbury, de- 
ceased, shewing to this Assembly that the debts (hie from the 
estate of said deceased, charges &c., surmount the movealile 
estate of the deceased tlic sum of X98 4s. 9d. lawful money ; 
praying for liberty to sell so much of the real estate of said 
deceased as to pay said sum of £98 4s. 9c?. with the neces- 
sary charges arising thereon : Resolved by tliis Assembly, 
that the said memorialist have liberty, and libeity is hereViy 
granted to her and she is impowered,to sell so much of the real 
estate of said deceased as to pay the said sum of £98 4s. 9d. 
lawful money, with the necessary charges arising thereon ; 
taking the directions of the court of probate for the district of 
Plainfield therein. 

On the memorial of Hannah Tracy, of Groton in New Lon- 
don county, administratrix on the estate of Shercbiah Tracy 
of said Groton, deceased, shewing to this Assembly that the 
debts due from said estate surmount the moveable estate of 
said deceased the sum of thirty-five pounds, fifteen shillings 
and ten pence | ; praying that she, or some other suitable 
person, may be impowered to make sale of so mucli of the 
real estate of said deceased as to make said sum with the in- 
cident charges therein arising, taking the advice of the court 
of probate for the district of New London : Hosolved by this 
Asseml:)ly, that liberty be granted, and Capt. Robert Geer of 
said Groton is hereby impowered to make sale of so much of 
the real estate of said deceas-ed as to make said sum of £85 
15s. 10ft?., with the incident charges thereon arising ; taking 
advice of the court of probate for the district of New London 
therein. 

Upon the memorial of Barzillia Handy, administrator on 
the estate of Abraham Hill late of Woodbury in Litchfield 
[485] county, deceased, || shewing to this Assembly that 
the debts, charges and allowances against said estate sur- 
mount the moveable part of said estate the sum of £26 10s. bd. 
lawful money, and praying for lilierty to make sale of so much 
of the real estate of the said deceased as to make said sum, 
<fec. ; as per memorial on file : Resolved by this Assembly, 
that the said Barzillai Handy have liberty, and he is hereby 
impowered, to make sale of so much of the real estate of the 
said Abraham Hill, deceased, as to make said sum of £26 10s. 
5d. lawful money, with the incident charges arising thereon ; 
taking the direction of the court of probate for the district of 
Woodlmry therein. 

Upon the memorial of Benjamin Skiff, of Kent in the 



46 PUBLIC RECORDS [May, 

county of Litchfield, shewinsi: to this Assembly that his father 
in law, Mr. Joshua Lasell, oi" said Kent, since Samuel Petti- 
bone, Esq'"., recovered judgment against him in favour of the 
Governor and Company at the adjourned county court held at 
Litchfield in January, 1762, tell into a fit of apoplexy and is 
rendered altogether uncapable of business, and having not 
personal estate to answer said judgment &c. ; praying to this 
Assembly to appoint some suital)le person to-take good security 
for said money to be paid with lawful interest by the 1st. of 
May, 1764, &c. , as per memorial on file : Resolved by this 
Assembly, that Mr. Cyrus Marsh of Kent be appointed, and 
he is hereby impowered and appointed, to receive an exact 
account of the said judgment, both debt and cost, and upon 
the said sheriff's paying the cost already arisen he is to take 
good security for the whole of said debt to be paid to the Gov- 
ernor and Company on the 1st. of May, 1764, with lawful in- 
terest, and thereupon to discharge the said judgment against 
the said Lasell, and to return the said bond to the Treasurer 
of this Colony, taking his receipt, and to lodge the said Treas- 
urer's receipt with the Secretary. 

Upon the memorial of George Pitkin, Daniel Pitkin and 
Gift Pitkin, administrators on the estate of Ozias Pitkin late 
of Hartford, deceased, shewing to this Assembly that the 
debts due from said estate exceed the moveable estate of said 
deceased the sum of .£268 6x. 9d. and that they have nothing in 
their hands to satisfy said sum, and praying for liberty to sell 
real estate to pay the same : Resolved by this Assembly, that 
they have liberty, and liberty is hereby granted to said mem- 
orialists, to sell so much of said deceased's real estate as to 
procure said sum of =£26<S i^s. 9d. with incident charges aris- 
ing on said sale ; taking the direction of the court of probate 
for Hartford district therein. 

Upon the memorial of Roger Strickland of Windsor, ad- 
ministrator on the estate of Samuel Strickland late of Windsor, 
in Ellington parish, deceased, shewing to this Assembly that 
the debts, charges &c. due from the estate of said deceased 
surmount the moveable part of said estate the sum of X31 
9s. Id. lawful money ; praying for liberty to sell so much of 
[486] the real estate as will raise said sum &c. : || Re- 
solved by this Assembly, that the said Roger Strickland have 
liberty, and liberty is hereby granted to the said Roger Strick- 
land, to make sale of so much of the real estate of the said 
deceased Samuel Strickland as will raise the sum of .£31 9s. 
Id. lawful money with the incident charges arising therein ; 
taking the advice of the court of probate in the district of 
Stafford therein. 



1762.] OP CONNECTICUT. 47 

Upon the memorial of Jacob Flinsdell and Ann Peck of 
Harwinton, exccntors of the last will and testament of Jacob 
Peck of Harwinton, deceased, shewing to this Asscnilily that 
since liberty was granted to them by the General Assembly 
to make sale of some of the real estate of the said deceased to 
pay debts dne from the said estate a fnrther acconnt of debts 
dne from the said estate was exhibited to and allowed by the 
conrt of probate in the district of Litchfield, amounting to the 
sum of £oS Is. lid. &c. ; praying for liberty to sell so much 
of the real estate of said deceased as to answer and pay the 
said sum : Resolved by this Assembly, that the said Jacob 
Hinsdell and Ann Peck have liberty and they are hereby im- 
powered, to sell so much of the real estate of the said deceased 
as to answer and pay the said sum of =£38 T-s-. lid. with the 
incident cliarges on said sale arising ; taking the advice of 
the court of probate in the district of Litchfield therein. 

Upon the memorial of the widow Mary Edwards, of Cov- 
entry in the district of Windham, as she is sole administra- 
trix on the estate of Mr. Thomas Edwards late of Coventry 
in said district, deceased, shewing to this Asseml)ly that the 
debts and charges due to the creditors from the estate of the 
said deceased do surmount the sum of the inventory of the 
moveable estate of the said deceased the sum of one hundred 
and eighteen pounds nineteen shillings and three pence law- 
ful money, as appears l)y the files and records of the court of 
probate for said district, and praying to this Assembly for 
liberty to sell so much of the land or real estate of the said 
deceased as may raise the sum of .£118 19s. 3^. lawful money 
and the incident charges arising thereon, taking the direction 
of the said court of probate therein : Therefore it is resolved 
by this Assembly, that the said memorialist have liberty and 
she is hereby im powered, to sell so much of the real estate of 
the said deceased as to raise the sums abovesaid with the in- 
cident charges arising thereon ; taking the direction of the 
said court of probate therein 

Upon the memorial of Enoch and Lois .'^cott, administrators 
on the estate of Ezekicl Hcott late of Waterbury, deceased, 
shewing to this Assembly that the del)ts due from said de- 
ceased's estate surmount the moveable estate of the said 
[487] deceased the sum of .£22 lO.s. 1L7., and that || the said 
deceased left only a small house and ten acres of })oor land 
feituate in said Waterbury, apprized at £27 Os. Od. lawful 
money ; praying for liberty to sell said house and land, as per 
memorial on file <tc. : Resolved by this Assembly, that the 
said administrators have liberty, and liberty is hereby given 



48 



PUBLIC RECORDS 



[May, 



them, to sell said house and land to answer said debt of <£22 
10s. l\d. with incident charges arising thereon, and the over- 
plus money of the sale of said house and land, if any there be, 
be laid out by said administrators to the best good and ad- 
vantage for the only heirs of said deceased ; said adminis- 
trators taking direction of the court of probate for the district 
of Woodbury herein. 

Upon tlie petition of Jonathan Fish and Nathan Fish, both 
of Groton in the county of New London, vs. Joshua Hemp- 
sted, of Stonington in said county, representing that the said 
Hempsted brought his writ of surrendry against the petition- 
ers to the county court held at Norwich in said county on 
the 4th Tuesday of November, 1760, therein demanding the 
seizin and possession of salt meadow situate in Groton afore- 
said, which he claimed as heir in tail male of his father Na- 
thaniel Hempsted late of New London, deceased, by form of 
the gift of his great-grandfather, Joshua Hempsted late of 
said New London, deceased, which action came to a final trial 
before the superior court held at Norwich on the 4th Tuesday 
of Marcli last past, on a demurrer to the defendants' plea in 
bar of more than forty years quiet and undisturbed posses- 
sion of said demanded premises, which superior court rendered 
judgment on said demurrer in favour of tiie then plaintiff, that 
said plea was insufficient &c., and that he should recover the 
seizin and possession of said meadow ; complaining that said 
superior court in rendering said judgment erred and mis- 
judged the law ; praying that said judgment may be reversed 
and a new trial be granted in said case, as per petition on file 
appears &c. : Resolved by this Assembly, that in proceeding 
to and rendering the judgment of the superior court referred 
to in said petition error hath intervened, as therein is alledged 
and complained of. and that said judgment of said superior 
court be and the same is hereby reversed and set aside, and 
that the petitioners have liberty of another trial of their said 
case before the superior court to be held at New London on 
the fourth Tuesday of September next, and that all costs fol- 
low the final judgment which shall be given in said case. 

Upon the memorial of John Moss, Timothy Wilcockson 
and other inhabitants of the parish of Ripton, and Nathan 
Booth and others, inhabitants of the parish of North Strat- 
[488] ford, all in the town of 1| Stratford, preferred to the 
General Assembly held at New Haven in October last, pray- 
ing to be made a distinct ecclesiastical society, the said As- 
sembly did appoint Elisha Sheldon, Esq^, Messrs. Increase 
Mosely and Timothy Judd, a committee to repair to and 



17t)2.] OF CONNECTICUT. 49 

view the circumstances of the memorialists and all concern'd, 
and to report their opinion thereon to this Assembly ; which 
committee have accordingly reported, that the people living 
within the lines and limits hereafter mentioned, viz : Begin- 
ning at a school-house which is erected and stands in the 
highway on the line that divideth Riptonfrom North Stratford 
parish, then running northwardly in said ividing line till it 
crosseth the highway that leadeth from Samuel Deforests to 
Nathan Booth's dwelling-house, then turning northeastwardly 
and running till it comes to the west end of the cross-high- 
way that leadeth from Nathaniel Lewis's to Beach Lewis's 
dwelling-house, from a little northward of said Beach Lewis's 
dwelling-house, from thence turning a little more northwardly 
and running till it comes to the road that leads from Barn 
Hill to Ripton meeting-house, that is, to the corner or turn 
in said road about thirty rods eastward of Milton Hawley's 
dwelling-house, from thence turning a little more northward 
and running till it comes to the road that leadeth from Bagborn 
Hill to White Hills, that is, where it crosseth said road twenty 
rods eastward of Zachariah Thomlinson jun. dwelling-house, 
then turning north and running till it comes to Stratford 
River, then turning northwestwardly and running by said 
river till it comes to Newton south line, then turning and run- 
ning westward in said Newton line till it comes to Stratficld 
northeast corner in said Newton line, then beginning at the 
school-house before mentioned and running southward in the 
highway till it comes to the highway that leadeth to Samuel 
Wells's dwelling-house, then turning westward and running 
in said highway till it comes to said Samuel Wells dwelling- 
house, then running due west from said Samuel Wells' dwel- 
ling-house till it comes to the road that leadeth from Newton 
to Stratford, then turningiand running northward in said road 
till it comes to the south end of the road called Newton new- 
road, and then running in said Newton new road till it comes 
to Samuel Sherman's dwelling-house, including said dwelling- 
house, then turning and running west half a mile from snid 
Sherman's dwelling-house, then turning and running north- 
ward ;i straight line to Stratford northeast corner in Newton 
line, are able to support the preaching of the gospel among 
themselves and defray all the charges of an ecclesiastical 
society, and ought to be made such society ; which report is 
accepted and approved, as per said memorial, report <fec., on 
file appears: Resolved by this A-^sembly, that the inhabitants 
dwelling within the limits and boundaries aforesaid be, and 
they are hereby, made and created a distinct ecclesiastical 



50 PUBLIC RECORDS [May, 

society, with all the ])owers, priviledfi,'es and immunities to 
the other societies in this Colony by law appertainin"; or be- 
longing, and sliall [be] called and known by the name of the 
society of New Stratford.* 

[489] Upon the memorial of Abraham Camp, administra- 
tor on the estate of Noadiah Allin late of Middleton, de- 
ceased, shewing to this Assembly that the debts and charges 
exhibited to the court of probate for tlie district of Middleton 
and allowed by said court against the estate of said Noadiah 
Allin, deceased, surmount the wliole inventoried moveable 
estate of said deceased the sum of £12 14.*«. 3^c?. and that 
your memorialist hath nothing in his hands to pay the same ; 
}3raying that he may have liberty to sell so much of the real 
estate of said deceased as will be sufficient to pay said sum 
with the incident charges arising thereon : Resolved by this 
Assembly, that said Abraham Camp have liberty, and liberty 
is hereby granted to him, to sell so much of the real estate of 
said deceased as will be sufficient to pay the same with the 
incident charges arising thereon ; taking the direction of the 
court of probate in the district of Middleton therein. 

Upon the memorial of Titus Culver and Asahel Thomas 
of Wallingford, administrators on the estate of Enos Smith 
of said Wallingford, deceased, representing to this Assembly 
that the debts and charges due from said estate surmount the 
moveable estate the sum of £50 2s. I^d. lawful money ; 
praying for liberty to sell so much of the real estate of said de- 
ceased as shall be sufficient to pay said sum with the incident 
charge, as per memorial &c. : Resolved by this Assembly, 
that the memorialist have liberty, and liberty and authority is 
hereby granted to them, to sell so much of said real estate as 
shall be sufficient to pay said sum witli the incident charges ; 
taking the direction of the court of probate for the district of 
New Haven therein. 

Whereas upon the memorial of John Gilbert &c., inhabit- 
ants of the noi'therly parts of the parishes of Strattield and 
Greenfield and of the westerly parts of the parish of Nortli 
Stratford in the county of Fairfield, praying to be made a 
distinct ecclesiastical society with certain bounds and limits 
in said memorial mentioned, Messrs. Samuel Olmsted of 
Ridgefield, Samuel Fitch of Norwalk and John Fowler of Mil- 
ford, Esqrs., were by the General Assembly held at New 
Haven in October last appointed a committee to view the cir- 
cumstances of the memorialists, to hear all parties concerned, 

* Now the town of Monroe, which was incorporated as such May, 1823. 



1762.] OF CONNECTICUT. 51 

ant] report thereon of what they should find with their opinion ; 
whicli committee liave reported, and such their report has 
been by this Assembly disapproved and rejected ; as per said 
memorial, rei>ort cfec. on file appears : Resolved by this As- 
sembly, that Joseph Piatt, Comfort Starr and Richard Fair- 
man, Esq"'^, be and they are hereby appointed a committee, to 
view the circunistauces of tiie memorialists, their situation, 
and consider the limits proposed in said memorial and auy 
other limits that may be proposed for a parish, and the cir- 
cumstances of the adjoining- societies, hear all parties con- 
cerned, and make repoi't thereof with their opinion thereon 
to the General Assembly to be 1 1 olden at New Haven in 
October next. 

Upon the petition of Jeremiah Barret of Hartford, repre- 
sentiug to this Assembly that at the county court held at 
Norwich within and for the county of New London by ad- 
[490] jourument, Edward Eells of Stonington || recovered 
judgment against him, said Barrett, by default, and that he 
was hindered attending at said court and defending in said 
cause by uuforseen accident ; that judgment was recovered 
for a large sum, when nothing was due to said Eells ; praying 
for another trial in said cause at the county court in said New 
London county in June next, or some other way order and 
enact, so that justice may be done. The petitioner and pe- 
titionee appeared before this Assembly and moved that the 
matters of difference between them for which said suit was 
brought, mentioned and recited in said petition, might be re- 
ferred to a committee for determination &c. : Resolved by 
this Assembly, that Ebenezer Bachus, Matthew Talcott and 
Jeremiah Miller, Esq""*., be a committee, and they are hereby 
a])pointed a committee, to hear said parties on said matters of 
difference between them and referred to in said petition, and 
give their opinion thereon and make report thereof to this 
Assembly. 

On the petition of Jeremiah Barrett of Hartford, complain- 
ing tliat Edward Eells of Stonington obtained judgment 
against him on default at the adjourned county court held at 
Norwich on the first Tuesday of February, 1762, in an action 
brought by the said Eells against the said Barrett at the said 
court for his, the said Barret's, negligently stowing a large 
quantity of cheese by him, the said Eells, put on board a cer- 
tain sloop at Stonington harbour, of which the said Barrett was 
then master, and which the said Barrett received of said Eells 
to transport ni said sloop to Boston, and that by reason of the 
said Barrett's negligently stowing said cheese unnecessarily 



52 PUBLIC RECORDS [May, 

delaying said voyage much of said cheese was hurt and 
spoiled, and the said Barret complaining he was unavoidably 
hindered appearing at said court, and thereupon judgment was 
had against iiim iis atbiesaid for a large sum when nothing 
ought in justice to be recovered of hiui ; praying for a new 
trial of said cause &c., as per petition on file. The parties 
appearing before this Assembly and agreed to have commis- 
sioners appointed to hear and consider the matters of differ- 
ence between them relating to the freighting said cheese and 
damages complained of as aforesaid, and accordingly Messrs. 
Ebenezer Backus, Matthew Talcoit and Jeremiah Miller, 
Esqrs., were appointed a committee to iiear and report iheir 
opinion on the matters of difference aforesaid, and their 
report thereon made, viz : that there is justly due to the said 
Edward Eells from the said Barret the sum of forty-seven 
pounds five shillings and seven pence half-penny as damages, 
and also tliat the said Barrett pay the said Eells the cost arisen 
thereupon : Resolved by this Assembly, that the said Eells 
recover of the said Barrett the sum of .£47 bs. l^d. and his 
cost taxed at £7 l7s. 10c?. lawful money, and that execution 
go forth accordingly. 

[491] Upon the memorial of William Whiting of Hart- 
ford, shewing to this Assembly that judgment was obtained in 
favour of the Treasurer of this Colony before the superior court 
held at Norwich in the county of New London on the fourth 
Tuesday of March, 1762, against said memorialist and Lem- 
uel Yorce of said Norwich, for the sum of £50 06-. Oc^. lawful 
money, beside cost, which judgment was obtained on a bond 
of recognizance given by said memorialist and said Lemuel 
for the appearance of Henry Vorce of said Norwich, who was 
prosecuted on suspicion of uttering a counterfeit dollar <tc. ; 
that said Henry was by reason of siclcness prevented from ap- 
pearing &c. ; praying lor abatement <fec., as per memorial on 
file : Resolved by this Assembly, that upon said memorialists 
paying into the public treasury of this Colony the sum of 
twenty pounds lawful money and also paying the cost taxed 
in said action that the same shall be a full satisfaction and 
discharge of the said judgment of said superior court on the 
bond aforesaid. 

Upon the memorial of Joshua Case, of Simsbury in Hart- 
ford county, I'epresenting to this Assembly that some time in 
April last he liad his dwelling-house consumed by fire, in 
which he had some bills of credit on this Colony also con- 
sumed by file, viz : a thirty shilling bill and one bill of the 
sum of fifteen pence, each of March emission, 1761, ifcc. ; pray- 



1762.] OP CONNECTICUT. 53 

ing tills Assembly to order the Treasurer of this Colony to 
pay to the memorialist the value of said bills &c., as per 
memorial on file : Resolved by this Assembly, that the Treas- 
urer of this Colony pay, and he is herel)y ordered to pay to 
the memorialist out of the Colony treasury, the sum of one 
pound twelve shillings and ten pence, beins; the value of said 
bills. 

Upon the memorial of Hannah Hills of Glassenbury, ad- 
ministratrix on the estate of Abraham Hills of Glassenbury, 
late deceased, shewing to this Assembly that witli what is set 
out for the necessary use of the widow of said deceased the 
debts of said deceased surmount the moveable part of the 
estate of said deceased the sum of twenty-one pounds eighteen 
shillings and seven pence lawful money &c. ; praying this 
Assembly to grant the said memoi-ialist liberty, with Capt. 
Timothy flollister of said Glassenljury or some other person, 
to make sale of so much of the real estate of said deceased as 
will raise the sum of X2l 18s. Id. aforesaid &c., as per 
memorial on file <fcc. : Resolved by this Assembly, that the 
memorialist with said Timothy Hollister have liberty, and 
liberty is heieby granted to said memorialist with said Timothy, 
to make sale of so much of said real estate as will raise said 
sum of £2\ 18s. Id. wiih incident charges arising thereon ; 
taking the advice of the court of probate in the district of 
Hartford there i n . 

[492] On the memorial of Rachel Pinney and Timothy 
Moor, administrators on the estate of David Moor late of 
Symsbury, deceased, for liberty to make sale of so nmch ol' the 
real estate of the said deceased as will raise the sum of £20 Os. 
Od. lawful money, for the payment of debts due from the estate 
of the said deceased ; as per memorial on file : Resolved by 
this Assembly, that Rachel Pinney and Timothy Moore, ad- 
ministrators on the estate of David Moore, late of Sjansbury 
in the county of Hartford, deceased, have liberty, and liberty 
is herel)y granted to said memorialists, to make sale of so 
much of the real estate of the said deceased as will raise the 
sum of X20 Os Od. lawful money for the })ayment of said 
debts, with incident charges of sale ; taking the advice of the 
court of probates in the district of Hartford therein. 

On the memorial of Phebe Barns, of New Haven in New 
Haven county, administratrix on the estate of James Barns 
late of said New Haven, deceased, representing to this As- 
sembly that the debts and charges allowed by the court of 
probate for the district of New Haven, including some allow- 
ance to the widow, surmount the whole inventoried moveable 



54 PUBLIC RECORDS [May, 

estate <£35 Is. Qid. lawful money, and praying for liberty to 
sell so much of the real estate of said deceased as may raise 
said sum with the incident charges thereon arising : Re- 
solved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted to the memorial- 
ist, to sell so much of the real estate of said deceased as to 
raise said sum with the incident charges arising thereon ; 
taking the directions of the court of probate for the district 
of New Haven therein. 

Upon the memorial of William Robbins, of Lyme in New 
London county, administrator on the estate of William Rob- 
bins, late of said Lyme, deceased, shewing to this Assembly 
that the debts paid by the said administrator on said estate 
with what still remains unpaid surmount the personal estate 
of said deceased tlie sum of £8 10s. Id. ; praying for liberty 
to sell so much of the real estate of the said deceased as will 
raise and pay the said sum of £8 10s. Id. with the incident 
charges arising on such sale, taking the advice and direction 
of the court of probate within and for the district of New 
London therein : Resolved by this Assembly, that the me 
morialist have liberty and he is hereby ap[)ointed and im- 
powered, to sell and convey so much of the real estate of 
said William Robbins, deceased, as shall raise and pay the 
said sum of X8 lOs. Id. together with the incident charges 
arising on such sale ; taking the advice and direction of the 
said court of probate for the district of New London aforesaid 
therein. 

Upon the memorial of John Mack of Lyme, administrator 
on the estate of Abner Beckwith late of said Lyme, deceas- 
ed, shewing to this Assembly that the debts and charges paid 
[493] by said administrator and allowed by the || court of 
probate with a list of the debts still due from the estate of 
said deceased surmount the personal estate of said deceased 
the sum of £12 6s. Id.; praying for liberty to sell so much of 
the real estate of said deceased as will raise and pay said sum 
of £12 6s. Id. with the incident charges arising on such 
sale, taking the advice of the court of probate for the dis- 
trict of New London therein : Resolved by this Assembly, 
that the memorialist have liberty, and he is hereby appointed 
and impowered, to sell so much of the real estate of the said 
deceased as shall raise and pay said sum of £12 6s. Id. law- 
ful money with the incident charges arising on such sale ; 
taking the advice of the said court of probate for the district 
of New London therein. 

Upon the memorial of Elijah Whiting, of Ashford in the 



17(32.] OF CONNECTICUT. 55 

county of Windham, executor to the last will and testament 
of Al)raham Russ late of said AshHn-d, deceased, shewing to 
this Asseml)ly that said xVbraham Russ in his last will and 
testament gave to his two sons, Azariah Russ and xlbrahain 
Russ, his home-lot to be equally divided between them, being 
their equal part of said deceased's real estate, and also that 
he gave to his youngest son, Daniel Russ, and to his five 
daughters, viz : Priscilla, Amy, Esther, Elizabeth and Han- 
nah, his lot i<nown by the name of Robinson's lot as their 
full })roportion of said deceased's real estate, and that the said 
lots is the whole of said deceased's real estate ; and also 
shewing that the debts and allowances due from said estate 
surmount the personal estate of said deceased the sum of 
X64 S.st. 4:ld., lawful money; and praying for liberty to sell so 
much of each of said lots in equal proportion to the legacies 
of said legatees as shall procure the said sum of X64 3s. -i^f?. 
lawful money, as per memorial on file &c.: Resolved by this 
Assembly, that the said Elijah Whiting have liberty, and he 
is hereby impowered, to sell so much of the real estate of 
said deceased, viz : of each of the said lots in proportion to 
the value of the legacies of the said legatees, as shall ])rocure 
the said sum of ,£64 Ss. 4^6?. lawful money with the incident 
charges of said sale ; taking the direction of the court of pro- 
bate for the district of Pomfret therein. 

Upon the memorial of Robert Lane, now residing in the town 
of Stafford, shewing to this Assembly that in the year 1761 
he was a soldier in the service of this Colony, during which 
service by sickness he has almost wholly lost his eye-sight, 
and that he is a minor, having no estate nor any relation who 
by law is obliged to afford lym relief, and that he is not an 
inhabitant of this Colony : Resolved by this Assembly, that 
the sum of fifteen pounds be granted unto said memorialist, 
to be improved for the recovery of the said memorialist's eye- 
sight ; and the Treasurer of this Colony is hereby ordered to 
deliver said sum out of the treasury of said Colony unto 
Mr. Josiah Converse of said Stafford, by him to be improved 
for the purpose aforesaid. 

Upon the memorial of John Humiston and Ephraim San- 
ford, of Litchfield in Litchfield county and Colony of Con- 
necticut, shewing to this Assembly that they live in the 
[494] southeast corner of said || Litchfield, about two miles 
and an half from the meeting-house in the parish of North- 
bury in Waterbury, and eight or nine miles from said Litch- 
field meeting-house &c., and praying that they may be an- 
nexed to the said parish of Northbury and exempted from 



56 PUBLIC RECORDS [May, 

payini>: any taxes to tlie said town of Litchfield that shall 
hereafter be granted for the support of the gospel, maintain- 
ing of schools, and for building or repairing of meeting-houses 
in said Litchfield &c.: Resolved by this Assembly, that the 
said John Humiston and Ephraim Sanford be and they are 
hereljy annexed to the said parish of Northbury and exempt- 
ed from paying any taxes to the town of said Litchfield that 
shall hereafter be granted for tlie support of the gospel, 
maintaining of schools and for building or repairing of meet- 
ing-houses in said Litchfield, and pay their said taxes here- 
after to be granted to the said parish of Northbury, during 
the pleasure of this Assembly. 

Upon the memorial of Daniel Lawrence and others, in- 
habitants of the town of Canaan in Litclifield county, repre- 
senting to this Assembly tliat the said town is conveniently 
situated for two societies ; that they cannot without great 
difficulty attend divine service at one place, and their present 
meeting-house is too small to contain so great a number of 
people as belong to said town and are now able to maintain 
two ministers &c.; praying that said town may be divided in- 
to two societies &c., as per memorial on file appears: Re- 
solved by this Assembly, that Erastus Wolcott, William Pit- 
kin Jr,n. and John Stiong, Esq''', be and they are hereby 
appointed a committee to repair to said town, view the cir- 
cumstances thereof, hear all parties concerned, and make 
report of wliat they shall find with their opinion thereon, to 
this Assembly at their sessions at New Haven in October 
next. 

Upon the memorial of Samuel Smith, conservator of the 
person and estate of Samuel Morton, a person non compos 
mentis, shewing to this Assembly that the debts due from 
said Morton and expences already paid lor his support ex- 
ceed his moveable estate the sum of £18 14.?. Sd. lawful 
money ; praying for liberty to sell one piece of land in said 
Hartford, containing about twenty five acres, as per memorial 
on file etc.: Resolved by this Assembly, that the memorialist 
have liberty, and liberty is hereby granted, to sell said twenty- 
five acres of land for tlie payment of said £18 14s-. Sd. lawful 
money and for his future support ; taking the direction of 
the county court for Hartford county therein. 

Upon the memorial of John Knight of Norwich, represent- 
ing that before the superior court held at New London in 
and for the county of New London on the 4tli Tuesday of 
[496] September, A. D. 1761, || on an indictment exhibited 
against him, the said John, for the murther of one Ebenezer 



1762.] OF CONNECTICUT. 57 

Rood and tryal thereon, the petty jury brought in a special 
verdict setting forth certain facts they found in said cause and 
the law thereon referred to said court, viz : wliether the said 
John Knight was guilty of murther or manslaughter, wliich 
said court thereon gave judgment against the said John, that 
he was guilty of murther ; and further comphiining that many 
circumstances that really attended said transaction and which 
probably would have been favourable for the said John were 
by mistake omitted in said special verdict; praying for an- 
other tryal in said cause, as per memorial on file : Resolved 
by this Assembly, that the said John Knight have a new tryal 
of said cause at the superior court to be held at New London 
on the 4th Tuesday of September next, and a new tryal of 
said cause is hereby ordered accordingly. 

On the memorial of Samuel Talcott and Sarah Flagg, ex- 
ecutors of the last will and testament of Samuel Flagg late of 
Hartford, deceased, praying for liberty to make sale of so 
much of the real estate of the said deceased as will procure 
the sum of three hundred pounds lawful money, for the pay- 
ment of the debts due from said estate with incident 
charges of sale Ac, as per memorial on file: Resolved by 
this Assembly, that liberty be granted, and liberty is hereby 
granted to said Samuel Talcott and Sarah Flagg and they are 
hereby impowered, to make sale of so much of the real estate 
of the said deceased as will raise the sum of three hundred 
pounds lawful money with necessary charges arising on the 
sale thereof; taking the advice of the court of probate in the 
district of Hartford therein. 

Upon the memorial of Thomas Curtis, administrator on the 
estate of Jonathan Collins late of Weathersfield, deceased, 
shewing to this Assembly that the debts and charges arisen 
on the estate of the deceased, with necessaries set out to the 
widow of said deceased, surmount the moveable part of the 
estate of the deceased the sum of -£17 7s. 10c?. lawful money, 
for the payment of which sum the memorialist hath no move- 
able estate to pay the same ; praying that liberty be granted to 
the memorialist or some other meet person, to make sale of so 
much of the real estate of the deceased as will procure said 
sum of <£17 7s. 10c?. lawful money with incident charges 
arising thereon, for the payment of said debts, as per memo- 
rial on file &c. : Resolved by this Assembly, that Captain 
Thomas Curtis of Weathersfield, the said administrator, have 
liberty, and he hath hereby liberty and full power, to sell so 
much of the real estate of the deceased as will procure the 
sum of X17 7s. 10c?. lawful money, for the payment of the 



58 PUBLIC RECORDS [May, 

debts of the deceased, with incident charges arising thereon ; 
taking the direction of the court of" probate for the district of 
Hartford thereon. 

[496] Upon the memorial of Jonathan Merrell and others, 
inhabitants living at the east tier of lots in the town of New 
Hartford adjoyning to Symsbury, representing that they live 
at a great distance from the place of public worship in the 
said town, and their travelling to meeting is many times very 
hazardous on account of the great river in their way ; praying 
to be annexed to the west society in Symsbury (fee. : Re- 
solved by this Assembly, that the memorialists and all others 
living on the east side of said river on said east tier of lots 
and their lands lying in said tier on the east side of said river 
as aforesaid shall be, and they are hereby, annexed to the 
said west society in said Symsbury, and henceforth are ex- 
empted from taxes for the support of the ministry or school- 
ing, or for building or repairing of meeting-houses in said 
New Hartford. 

Upon memorial of the inhabitants of tlie town of Ilartland 
in the county of Litchfield, representing that the county court 
for said county, upon application to them made, had affixed 
and ascertained a place for the building of a meeting-house 
for divine worship in said town to good satisfaction of said in- 
habitants ; that their circumstances were low and a great 
part of the lands in said town are owned by non-residents ; 
praying for a land tax <fec. : Resolved by this Assembly, that 
a rate or tax of three pence lawful money per acre for the 
space of four years, annually, shall be assessed on all the di- 
vided lands in said township lying east of the river that runs 
througli said town, and the same shall be levyed and collected 
of the present proprietors and owners of said lands and be 
improved for the settling of a minister or for building of a 
meeting-house, at the discretion of the selectmen of said town 
for the time being. And Nehemiah Andruss of said Hart- 
land is appointed and fully impowered as a collector, to col- 
lect said tax and pay the same into the hands of said select- 
men for tlie purposes aforesaid. 

Upon the memorial of the inhabitants of the parish of 
Eastbury in tlie town of Glassenbury in the county of Hart- 
ford, representing thatfor many years they have laboured under 
extraordinary burdens and difficulties, and are still under dis- 
couragements and unable well to support their ministerial 
and society cliarges, and that the fourth mile of land in said 
Glassenbury east from Connecticut River hath been seques- 
tered to lye common, but more lately hath been laid out, and 



1762.] OF CONNECTICUT. 59 

that all rates and taxes arising within said fourth mile have 
been paid and improved within said first society, (excepting a 
few farms,) and that the meeting-house in said Eastbury 
[497] stands within half a mile thereof ; || praying that the 
whole of said fourth mile of land, formerly called commons, 
and the inhabitants that shall live thereon, may be annexed 
to said Eastbury parish or society, and that all rates and taxes 
hereafter arising or that shall arise thereon &c. be paid to 
said society <fec., as per memorial on file &c. : Resolved by 
this Assembly, that John Ledyard, Esq^., of Hartford, Jona- 
than Belding and Elisha Williams, Esq^^., of Wethersfield, 
be and they are hereby appointed a committee, at the cost of 
the memorialists, to repair to said society and to view the cir- 
cumstances of the said fourth mile of land called the commons, 
and consider the need and conveniency of the same being an- 
nexed to said Eastbury society, and make report to this As- 
sembly in October next, with their opinion thereon. 

Upon the memorial of Joseph Meacham, of Enfield in the 
county of Hartford, representing tliat Israel Meacham of said 
Enfield, late deceased, in his life time, viz : on the lltli day 
of September, 1759, for the consideration of thirty pounds 
money, by his deed of that date sold and conveyed to the said 
Joseph two certain parcels of land lying in said Enfield, one 
containing eighteen acres more or less, situate at a place 
called Pipers Hole, the other parcel lying at the edge of the 
Fine Plain, containing twelve acres, it being part of a tract of 
land formerly laid out to John Meacham on Bancraft's right, 
both which parcels are more particularly described in said 
deed ; that said deed happened not to be acknowledged by 
the said Israel in his life time for want of proper authority 
then to be had, as was the honest intention of the said Israel to 
have done ; praying a decree to authenticate said deed &c. : 
It is therefore resolved, ordered and decreed by this Assembly, 
that said deed shall and may be entered at large oii the public 
records of the said town of Enfield, and that the same being 
so recorded shall be as good and effectual in law for the pass- 
ing and conveying the said parcels of land therein mentioned 
and described to the memorialist, his heirs &c., as if the said 
Israel Meacham in his life time had acknowledged the said 
deed in due form according to law. 

Upon the petition of Jonathan Fowler of Guilford, against 
Titus. Culver of Wallingford, representing to this Assembly 
that sometime about the beginning of January, 1760, the said 
Titus offered to sale to the petitioner a certain pretended right 
of land said to be derived from an Indian native called Metuck- 



60 PUBLIC RECORDS [May, 

son, lying in the Province of the Massachuscts Bay, affirm- 
ing the said Indian title to lie good, and that he, the said In- 
dian, was a freeman of the corporation of said Province, using 
many colourable pretences and false affirmations about said 
matter, by means whereof he liad prevailed on the petitioner to 
purchase a small part of said pretended right, for which he had 
given the said Titus his note of hand of XIO, which note the 
said Titus liad since put in suit and recovered judgment thereon 
at New Haven county court, April 1st Tuesday, 1761 ; further 
alledging, that said pretended right was altogether without 
foundation, and that the contract and agreement relative to 
said purchase and note was altogether fraudulent and obtained 
by circumvention and undue methods and means on the part 
of the petitionee ; praying to have said judgment of said 
[498] county court set aside &c., as by the petition on file : || 
Resolved by this Assembly, that Joshua West, Ebenezer 
Backus and Eleazer Pitch, Esq''^, be and they are hereby ap- 
pointed a committee, with full power to notify the parties and 
examine into all the said matters of complaint and make re- 
port to this Assembly in October next of what they shall find 
in the premises ; and all proceedings on the said judgment of 
the county court are hereby ordered to be stayed in the mean- 
time. 

Upon the petition of Joseph Lindsey jun., Josiah Fowler, 
Daniel Maltbie, Timothy Hoadly, Joseph Lindsey, Amos Har- 
rison, Benjamin Maltbie, Josiah Talmadge, Dan Pond, all of 
Branford, and Abel Munson, Titus Cook, Caleb Culver, Samuel 
Culver, Joseph Bartholomew, of Wallingford, William Lucas of 
Durham, Isaac Waterman of Middleton, Abner Smith, Samuel 
Hubbard and Elisha Johnson, of Haddam, against Titus Cul- 
ver of Wallingford aforesaid, representing to this Assembly 
that sometime about the beginning of January, 1760, the said 
Titus offered to sale to the petitioners certain pretended rights 
of land, said to be derived from an Indian native called Me- 
tuxon, lying in the Province of the Massachusets Bay, affirm- 
ing the said Indian title to be good, and that he, the said 
Metuxon Indian, was a freeman of the corporation of said 
Province, using many colourable pretences and false affirma- 
tions about said matter, by means of which he had prevailed 
on tlie petitioners to make considerable purchases of said pre- 
tended Indian rights, and therefor had given their notes of 
hand amounting to large sums ; further alledging thg,t said 
pretended rights were altogether without foundation, and 
that tlie contracts and agreements relative to said purchases 
9,nd notes were altogether fraydulent and obtained by circum- 



1762.] OP CONNECTICUT, (51 

vention and undue methods and means on the part of the 
petitionee ; praying to have said notes declared null and void 
&c., as by the petition on file may more fully appear : Re- 
solved by this Assembly, that Joshua West, Ebenczer Backus 
and Eleazer Fitch, Esq'"-'*., be and they are hereby ai»j)ointcd a 
committee to notify the parties and examine into all the said 
matters of complaint, and make their report to this Assembly 
in October next of what they shall find in the premises. 

The Honbie William Pitkin, Esq"", John Chester and George 
Wyllys, Esq''^, are hereby appointed a committee, they or any 
two of them, to sell the remainder of the sterling money 
granted and received, part in money and part in tallies, for 
the services done in the year 1759,whereof about ,£-23,000 hatli 
been already sold. And the said committee is hereby direct- 
ed on certain intelligence that the money on the tallies is re- 
ceived by the Agent, to sell the same for its full value in sil- 
ver, gold, or bills of credit of this Colony emitted by act of 
Assembly in March, 1758, March, 1759, and May, 1759. And 
they are also further directed, to sell thirty-five thousand 
pounds sterling granted by Parliament that is or may be 
ordered to be paid this Colony on account of its services in 
the year 1760. And the said committee is hereby directed 
on certain intelligence that said money is received by the Agent 
of this Colony, to sell the same for its full value in silver, 
gold, or bills of credit of this Colony emitted by act of this 
Assembly in March, 1760, or any antecedent bills of credit 
of this Colony excepting the bills emitted in February, 
[499] 1759, to any person || or persons that shall ap- 
pear and pay the value thereof into the treasury of this 
Colony. And when the contract in either of the abovemen- 
tioned cases of sale is made, the money or bills paid in man- 
ner above directed and the Treasurer's receipt thereof pro- 
duced to said committee, they shall lodge the same with the 
Secretary and certify his Honor the Governor of their doings 
thereon, who is hereby desired and impowered, on receipt of 
such certificate, to draw bills of exchange on the Agent in 
London in favor of such purchaser or purchasers for the sum 
or sums so certified. 

The Sums Total of the Additions to the Lists of the PoUs and Ratea- 
ble Estate of the Inhabitants of the several Towns hereafter 
named sent into this Assembly are as follow, viz : 





Single Additions. 


Fourfold Additions. 




£ s. d. 


£ s. d. 


Hartford, 






New Haven, 


1017 15 6 


600 8 


New London, 


2245 2 - 


- 168 



62 



PUBLIC RECORDS 



[May, 



Fairfield, 


741 


1 


9 


Windham, 


475 


12 





Litchfield, 








Norwich, 


628 


17 


10 


Stamford, 


246 


19 


6 


Stratford, 


1996 


9 


8 


Greenwich, 


918 


6 


6 


Milford, 


40 


8 





added to Milford, 






Farmington, 


429 


18 





Kent, 


1815 


7 





New Milford, 


113 


18 


1 


Suffield, V 


1534 


10 


6 


Salisbury, 


813 


10 





Branford, 


491 


9 


9 


Stafford, 


353 


13 


6 


Stoniiigton, 


542 


2 





Newton, 


75 


8 





Hebron, 


715 


2 





Glassenbury, 


216 


3 


6 


East Haddam, 


961 


8 


6 


New Hartford, 


248 


16 





Wallingford, 


699 


7 


6 


Torriiigton,w't side, 65 


14 





Saybrook, 


418 


14 





Somers, 








Tolland, 


268 


8 





Killingsly, 


266 


16 





Cornwall, 


152 


16 


8 


Goshen, 


37 


6 





Woodstock, 


567 


10 





Coventry, 


209 


2 


6 


Mansfield, 


549 


19 





Derby, 


280 


10 





Durham, 


41 


11 


6 


Colchester, 


856 


1 





Norwalk, 


739 


7 


6 


Haddam, 


108 


6 


6 


Bolton, 


510 


13 





D anbury, 


232 


10 


9 


Enfield, 


63 


9 





Waterbury, 


667 


15 





Lyme, 


567 


14 





Canaan, 


43 








Sharon, 









!016 


3 


6 


529 


4 





111 


6 





40 


8 





288 








363 


18 


2 


23 


19 


6 


310 


14 





180 








603 


10 






228 



345 



34 
116 
151 
213 







1799 15 



4 



347 8 

60 15 

349 12 



4 



4 





\ 



17t):i.J 


OF 


CONNECTICUT 


Plainfield, 


361 


1 


6 


Ashford, 






_ 


Lebanon, 


268 


1 


6 


Symsbniy, 


115 





- 


Woodbury, 


894 


9 


4 


PTarwington, 


99 


5 


- 


Voluntown, 


408 


2 





Windsor, 


594 





- 


Pom fret, 


200 


10 


6 


Guilford, 


12 


1 


- 


Weathersfield, 


1065 


5 


10 


Groton, 


1401 


16 


- 


Canterbury, 


92 








Middletown, 


166 


11 


- 


Preston, 


1445 


11 





Killing worth. 


212 


16 


1 - 


Ridgfield, 


329 


2 


5 



63 

1082 

86 8 
719 16 



81 


18 





366 








1612 


12 





136 




3 


75 


4 





1148 


16 





169 


4 





189 


6 






Resolved hy this Assembly, That the Secretary be directed 
with the assistance of the attorneys concerned, or otherwise as 
he shall think l)est, to take an account of the several petitions 
and memorials that are of a private nature between party and 
party, which ara entered for hearing at this Assembly, 
and allowing one, two, or more as he shall judge convenient, 
to be heard on each day successively ; that he enter and put 
down the same in a list or docket accordingly, assigning such 
certain number to each day as aforesaid ; and his Honor the 
Governor is desired to call on such petitions and memorials to 
[500] be heard according to such list or docket, || and in the 
forenoon of the respective days assigned as aforesaid, unless 
for want of time any should remain unheard in the forenoon 
then the same to come on the next succeeding afternoon, or 
as soon after as may be ; and that all pleas in abatement shall 
be made in writing and delivered to the adverse party or his 
council the day before the same is assigned for hearing : 
Provided nevertheless, that if the parties concerned in any 
cause shall mutually consent to have the same come on at any 
other time than here specified, and acquaint his Honor the 
Governor therewith, and it be found that the same may be 
done consistently with the other business of the Assembly, in 
that case his Honour will permit the same to be done, if he 
shall think proper. 

Whereas his Excellency Sir Jeffcry Amherst, Commander- 
in-Chief of his Majesty's forces in North America, by his 
letter to his Honor the Governor, dated 15th Ai)ril last, hath 
represented that he hath undoubted proof of the enemy being 



64 



PUBLIC RECORDS 



[May, 



supplied with provisions from almost every port on the conti- 
nent of North America, and the necessity of putting an 
effectual stop to such infamous practices, particularly at a time 
when there is the greatest demand for provisions to supply 
the King's troops, and requesting that such merchants who 
have quantities of provisions in store for exportation be 
obliged to deliver what they have in their stores to persons 
that are appointed to purchase the same for the crown, that 
the King's service may be carried on and may not suffer for 
want of that most essential article ; and by an another letter, 
dated 5th instant, hath represented that several persons be- 
longing to this Colony practice a most iniquitous trade, which 
is not only infamous in itself but occasions great difficulty in 
procuring the necessary supply for carrying on his Majesty's 
service, by sending off their vessels on cruising voyages, sup- 
posed to be with provisions, and keeping great quantities of 
provisions in store which they will not sell, owing it is pre- 
sumed to their expectations of getting a higher price by send- 
ing it to the enemy, which they can easily do since the 
restraint already laid on the ports has but little effect, as 
vessels do go out daily without any clearances at all : Which 
representations deserve the public attention and diligence to 
search after and discover the truth and circumstances of the 
matters complained of, that the mischiefs and difficulties 
attending such infamous practices may be prevented and 
redressed, as well as to set in a true light such things as may 
have been misrepresented to the injury of the inhabitants of 
the, Colony and of the characters of particular persons within 
the same : It is therefore resolved by this Assembly, that his 
Honor the Governor be and he is hereby desired to enquire 
after the truth of the matters of complaint mentioned in said 
letters, relative to the practices of any of the inhabitants of 
this Colony, that such as are iniquitous and illicit may be pre- 
vented and punished ; and wherein he finds any of them mis- 
represented, to set them in a true light before the General. 
And also, that the King's service may not suffer for want of 
the barrel-pork which may be had in this Colony and the 
General hath employed persons to purchase here, his Honour 
the Governor is hereby desired, (if he shall judge it neces- 
sary, and on proper application made to him therefor,) to 
give a warrant directed to some suitable person to impress 
such barrel-pork as is or may be found in stores or already 
put on board any vessel or vessels and kept by the merchants 
on purpose for exportation and is wanted to supply the King's 
troops ; and that he nominate and appoint in and by the 



1762.] OP CONNECTICUT. 65 

same warrant three or more judicious and disinterested mer- 
chants that shall under oath apprize tlie same by the barrel, 
and the value at which such barrel-pork is set and apprized 
being first paid to the owner or owners thereof, order the 
same to be delivered to the persons imployed to purchase it 
for the supply of the King's forces, and may be transported 
out of this Colony accordingly. 

[501] Whereas there is a scarcity of wheat, indian corn 
and rye in this Colony for the support of its inhabitants, and 
also a demand for barrel-pork and beef for the supply of the 
King's forces in North America, wliere):)y an embargo is ren- 
dered necessary : It is resolved by this Assembly, that his 
Honor the Governor be and he is hereby desired to issue and 
send forth his proclamation, thereby to prohibit and forbid 
the transporting or shipping on board for transportation out 
of this Colony, barrel-pork, beef, wheat, indian corn and rye, 
that the same may be retained for the use of the inhabitants 
of this Colony : excepting what may be wanted for his 
Majesty's service. That this prohibition be extended and 
continue in force until the 15th day of July next. 

Whereas it is represented to this Assembly that some pro- 
visions, principally grain, some time since have been pur- 
chased in this Colony for the supply of the pressing necessi- 
ties of people belonging to some of the neighbouring govern- 
ments and are now ready for transportation and proliibited 
by the present embargo : Resolved by this Assembly, that on 
proper application and satisfactory representation thereof made 
by the owner of such provisions or master of such vessel on 
board whereof the same may be laden, to his Honor the 
Governor, he is hereby desired to grant his permit for the 
transportation tliereof to such place or places for which the 
same was designed. 

Whereas this Assembly at a sessions in March last enacted 
that whatever money granted by Parliament for the services 
of this Colony in the years 1759 and 1760, that is not already 
appropriated for sinking and discharging bills of credit emit- 
ted in JMarch, 1758, March, 1759, and March, 1760, should 
be appropriated for sinking the bills of credit emitted in 
May, 1759, and so far as it would go towards sinking the bills 
emitted in February, 1759, and the further direction concern- 
ing the same was referred to an after consideration : Where- 
upon it is considered, that sufficient provision is made at 
this time for sinking the bills emitted in May, 1759, with 
part of the money granted for the services in the year 1759. 
And as no provision is now made for sinking any part of the 
9 



66 PUBLIC RECORDS [May, 

bills emitted in February, 1759, so the Treasurer is hereby 
directed to send forth his warrants for collecting the whole 
of the tax of five pence on the pound made and ordered for 
sinking and discharging the last mentioned bills. 

To the Hon^'e the General Assembly of the Colony of 
Connecticut now sitting in Hartford : 

The committee appointed by your Honours to consider and 
report what further provision is necessary to be made for the 
soldiery in the service of this Colony who are oidered to the 
southward beg leave to report it as our opinion, that a sum 
not exceeding four hundred pounds in silver or gold, (if to be 
had) otherwise in bills, be delivered into the hands of Gene- 
ral Lyman, and that he be directed to deliver the same out 
[502] according to his discretion for the necessity, comfort or|| 
refreshment of the troops under his command during the 
campaign ; and what he may so deliver out to any other than 
the sick, to be delivered in such manner as that the receiver 
shall be accountable for what he shall so receive as part of 
wages ; and that the said General Lyman on his return 
render his account of the disposition of said money and settle 
the same with the Committee of the Pay-Table. All which 
is submitted by your Honours humble servants. 21st May, 
1762. 

Signed per order, Jabez Hamlin. 

The above report of the committee is accepted and approved 
by this Assembly. 

Ordered, That the Treasurer of this Colony as soon as con- 
veniently may be certify to this Assembly the balances due 
from all such towns as are deficient in payment of their 
country rates for the last or any preceding year; and also 
the names of all such towns as appear deficient in payment 
of excise, and an account of the particular years wherein 
such deficiencies have happened. 

Resolved by this Assembly, That Samuel Talcott, Esq"", be 
desired to serve the Treasurer of this Colony with copies of 
the acts and resolves of this Assembly respecting his exhibit- 
ing accounts of the deficiencies of the collectors of the 
country rates and taxes, duties and excise, made in this 
present session, and the resolves and acts made in October 
last respecting the account of the Colonies bonds and credits 
delivered into the hands of the agents and king's attornies, and 
advise him that it is expected that he diligently observe the 
contents of said acts. And the Treasurer is hereby desired 
to call upon the several king's attorneys and agents for the 



1762.] OF CONNECTICUT. 67 

government who liave received snch bonds and credits for 
their accounts (Vf their doings thereon. 

Whereas this Assembly in some late sessions have had 
before them under consideration a bill for a law relative to 
Bankruptcy, committed the same to Jonathan Trumble, Esq"", 
desiring him to inspect and correct the same as propriety 
should require, and this Assembly being informed that such 
amendment is not compleated : Tliis Assembly do hereby 
further desire the said Trumble to proceed and compleat 
said bill in order for its passing into a law, and lay the same 
before this Assembly in October next. 

This Assembly do desire and appoint Thomas Fitch jun. of 
Norwalk, Esq"", to pi-epare a bill for an act for laying, regu- 
lating and farming out an Excise on spirituous liquors sold 
in this Colony, and for duly collecting and paying the same 
into the treasury of this Colony, and lay the same before this 
Assembly in October next. 

Resolved hy this Assembly, There be a second surgeon's- 
mate appointed for the first regiment of this Colony, Avhich 
is now going into his Majesty's service in the ensuing cam- 
paign ; and his Honour tlie Governor is hereby desired to give 
a warrant to some suitable person for that service. 

[503] On the petition of William Richardson, of Newport 
in the county of Newport and Colony of Rhode Island, mer- 
chant, vs. Park Woodward, of Groton in the county of New 
London, now of Preston in said county, as on file : The 
question was put, whether the prayer of the said petition 
should be granted : Resolved by this Asseml)ly in the nega- 
tive. Cost allowed respo7ide7it is XI 8s. lOd. lawful money. 

On the petition of George Wyllys, Esq^, and Ann Burnham 
of Hartford in the county of Hartford, and Thomas Seymour 
of said Hartford, agent for and in l)ehalf of the south cliurch in 
said town of Hartford, vs. Robert Treat, Esq"", Jane his wife, 
John Buckingham, Josiali Buckingham, Joseph Treat and 
Clemence his wife, Edmund Treat and Alice his wife, all of 
Milford in the county of New Haven, and the Rev. Daniel 
Buckingham, of Fairfield in the county of Fairfield, as on file : 
The question was put, whether the prayer of said petition 
should be granted : Resolved by this Assembly in the nega- 
tive. Cost allowed respondents £2 3s. 2d. lawful money. 

On the petition of Thaddeus Marshal, of Greenwich in the 
county of Fairfield, vs. Jabez Sherwood and Martha Banks, 
both of Greenwich aforesaid, as executor and executrix of 
the last will and testament of Joseph Banks late of said 



68 PUBLIC RECORDS [May, 

Greenwich, deceased, as on file : The question was put, 
whether tlie prayer of said petition should be granted ; Re- 
solved by this Assembly in the negative. Cost allowed re- 
spoiidents is £.4c 16s. 8d. lawful mo7U'y. Ex. granted May 
8th, 1762. 

On the petition of Daniel Foot, of Colchester in the county 
of Hartford, vs. Abigail Lord, Patience Lord jun., Mary Lord, 
Sarah Lord, Elizabeth Lord, Ann Lord and Jerusha Lord, all 
of Colchester aforesaid, and the only surviving children and 
heirs of Ichabod Lord late of Colchester aforesaid, deceased, 
as on file : The question was put, whether the prayer of 
this petition should be granted : Resolved by this Assembly 
in the negative. Cost allowed respondents is £1 8s. lOd. 
lawful money. Ex. granted March \Oth^ 1763. 

On the petition of Stone Mills, of Windsor in the county of 
Hartford, vs. Medinah Fitch of said Windsor, as on file : 
The question was put, whether the prayer of said petition 
should be granted : Resolved by this Assembly in the nega- 
tive. Cost allowed respondent £2 18s. lOd. laivful money. 
Ex. granted July 13iA, 1762. 

On the petition of Jonathan Atwood, of Woodberry in the 
county of Litchfield, vs. James Pelton, of Guilford in the 
county of New Haven, as on file : The question was put, 
whether the petitioner shall have tlie liberty of a new tryal of 
the case referred to his petition, as prayed for : Resolved by 
this Assembly in the negative. Cost alloived respondent is 
£2 9s. Od. laivful money. Ex. granted June \Qth, 1762. 

On the petition of Timothy Hollister, of Glastonbury in the 
county of Hartford, vs. Stephen Hopkins, of a place called the 
Nine Partners in Dutchess county in the Province of New 
York, as on file : The question was put, whether the prayer 
of said petition should be granted : Resolved by this Assem- 
bly in the negative. Cost alloived respondent is £2 2s. 2d. 
lawful money. Ex. granted July 13^7i, 1762. 

On the petition of Timothy Hollister, of Glastonbury in the 
county of Hartford, vs. Joseph Stephens of said Glastonbury 
as on file : The question was put, whether the prayer of said 
petition should be granted : Resolved by this Assembly in 
the negative. Cost alloived respondent £2 9s. 10c?. laivful 
money. Ex. granted July V6th, 1762. 

Cost allowed to Josiah Talcott, of Weathersfield in the 
county of Hartford, vs. Elijah Francis of Farmington in said 
county, executor of the last will and testament of James 
Francis late of said Weathersfield, deceased, for attendance 



1762.] OF CONNECTICUT. G9 

&c., to answer the petition of said Francis brought against 
him, which the petitioner, the said Elijah Francis, hcing duly 
called &c., did not appear to prosecute &c. is £2 6s. Qd. 
lawful money. Ux. granted July '['6th, 17G2. 

[504] Cost allowed to ISamuel Lancelot, of Weathersfield in 
the county of Hartford, vs. Ichabod Wetmoi-e, of Middleton in 
said county, for attendance to answer the petition of said Wet- 
more brought against him and withdrawn, is <£1 15s. 2d. 
lawful money. Ux. granted Jidy Idth, 1762. 

Cost allowed to Mary Isaacs, of Norwalk in the county of 
Fairfield, vs. Ralph Isaacs of said Norwalk, for her attendance 
&c. to answer the petition of the said Ralph, which he pre- 
ferred against her and withdrew the same, is £4 5s. lid. 
lawful money. 
To the General Assembly of the Governor and Company of 

the Colony of Connecticut to be holden at Hartford on the 

2d Thursday of May next : 

Whereas Jonathan Pettibone, Esq"", Messrs. Abel Merrils and 
Abraham Kellogg of New Hartford were appointed by the 
Honourable Assembly aforesaid in their sessions at New Haven 
on the 2d Thursday of October last, to be a committee, they 
or any two of them, to lay out a public road or highway, to 
begin at or near the dwelling-house of Samuel Durham in 
Torrington at the end of the highway already laid out from 
thence to the township of Winchester, near the course as the 
road now goes thro said Winchester, near the house of 
Adam Mott or Jonathan Mott till it meet the country road in 
Norfolk, to be done according to their best discretion : We, 
the subscribers, being two of the aforesaid committee, with 
the help of Mr. Epaphras Sheldon, surveyor, 2 chainmen, and 
other necessary assistance, have on the 16, 17, 18 and 
19th and 20th days of Nov^., 1761, laid out the afore- 
said public road or highway according to our best judgment 
and discretion : Beginning at the afoi-esaid house, lately Sam- 
uel Durhams now belonging to the Rev. Mr. Gold, at a rock 
about three rods west of the fore door, and run north 41 
degrees west, allowing the road to lye south, 31 rods to a 
chestnut tree ; thence north 3 degrees west 28 rods, to a heap 
of stones; thence N. 11 degrees west 48 rods, to a corner by 
John Burr at the highway ; thence west 30 degrees N. 16 
rods ; then west 40 degrees north 20 rods ; then north 30 
deg. west 72 rod, to a stake and stones; thence N. 13 deg. 
west 28 rods, to a chestnut tree markt ; thence N. 4U deg. 
west 12 rods, to a rock in the old path with stones on it; 
thence west 40 deg. N. 21 rods, to a white oak tree marked ; 



70 



PUBLIC RECORDS 



[May, 



tlience west 7 deg. N. 28 rods to a stake and stones ; thence 
N. 4 deg. east 12 rods, to a lieralock tree marked ; thence N. 
28 deg. east 14 rods, to a hemlock tree ; thence N. 11 deg. 
east 15 rods, to a dry liemlock tree south of the Still River ; 
thence N. 13 deg. west 8 rods to a liemlock tree ; thence N. 
6 deg. east 12 rods, to a white birch tree ; thence N. 10 deg. 
west 8 rod, to a beach tree ; thence N. 30 deg. west 20 rods, 
to a white pine tree ; thence N. 21 deg. west 47 rods, to a 
great pine ti-ee. ; the road to this place is to be 4 rods wide 
from the east or north side, then allowed at the foot of the 
hill by Yale's mill to be 8 rod wide, and to this place from 
Burr's is 333 rods. Thence N. 30 deg. west 28 rods, to a 
chestnut tree marked ; thence west 38 deg. N. 28 rods, to a 
chestnut tree marked, and now it is to be but 6 rods wide ; 
thence N. 16 deg. west 37 rods, to a chestnut tree marked; 
thence west 35 deg. N. 20 rods, to a chestnut tree marked ; 
west 12 deg. N. 16 rods, to the point of a rock ; thence west 
40 deg. N. 24 rods, to a hard maple marked ; thence N. 24 
deg. west 10 rods, to a beach tree marked ; thence N. 20 deg. 
west 18 rods, to a beach staddle marked ; thence W. 27 north 
20 rods, to a stake and stones ; thence N. 30 deg. west 6 rods, 
to a hemlock tree marked ; the highway now is to be 4 rods 
wide. Thence west 40 deg. N. 19 rods, to a chestnut tree 
marked; thence N. 37 west 24 rods, to a hemlock marked; 
thence west 15 deg. N. 48 rods to a hemlock staddle marked ; 
thence west 16 rods, to a beach marked ; thence N. 35 west 
12 rods, to a hemlock marked ; thence N. 25 deg. west 28 
rods, to a chestnut tree marked ;• thence N, 40 deg. west 22 
rods, to a rock at Winchester bounds ; thence N. 12 deg. west 
11 rods ; thence N. 39 deg. west 21 rods, to a beach tree 
marked ; thence west 34 deg. N. 11 rods, to a hemlock 
marked ; thence west 21 deg. N. 10 rods, to a chestnut tree 
marked ; thence N. 28 deg. west 21 rods, to a hemlock tree 
marked ; thence west 44 deg. north 15 rod, to a hemlock 
marked by the Spectacle Ponds ; thence west 46 N. 8 rods 
to a stake and stones ; thence N. 13 deg. W. 9 rods, to a 
birch tree marked ; thence N. 22 deg. west 17 rods, to a 
beach tree marked ; thence N. 32 deg. west 40 rods, to a 
dry hemlock marked ; thence west 45 deg. N. 12 rods, to 
a hemlock and stones ; thence west 32 N. 11 rods, to a 
birch tree by the brook at the end of the lots ; thence N. 
25 deg. west 7 rods, to a birch tree marked ; thence west 
37 north 27 rods, to a white ash tree marked; thence W. 30 
deg. N. 7 rods to a chestnut tree marked ; thence N. 30 deg. 
west 9 rods, to a stake and stones; thence west 20 deg. N. 17 



1762.] OF CONNKCTICUT. 71 

rods, to a chestnut marked ; thence N. 30 deg. west 2() rods, 
to Hosmer's lot 5 thence 6 rod the same point to a beach 
st addle marked ; thence west 38 deg. N. 27 rods to a chest- 
nut marked ; thence west 27 deg. N. 22 rods, to a chestnut 
tree marked ; thence west 2 deg. N. 12 rods, to a red oak 
marked ; thence west 25 degrees north 33 rods, to a hcach 
staddle marked; thence west 18 deg. south 16 rods, to a hem- 
[505] lock marked ; thence west 5 deg. N. 12 rods, to a dry|| 
hemlock marked ; thence west 32 deg. N. 17 rods, to a birch 
tree marked ; thence west 8 rods, to a chestnut tree marked ; 
thence N, 45 west 16 rods, to a hemlock marked ; thence N. 
4 deg. west 13 rods, to a chestnut tree marked ; thence N. 
25 deg. west 15 rods, to a chestnut tree maiked ; thence N. 
40 deg. west 23 rods, to a log house ; thence west 43 deg. N. 
44 rods, to the southwest corner of Mott's lot by his house ; 
thence N. 20 deg. west 45 rods to a high stub marked and 
stoned ; thence N. 37 deg. west 16 rod to a hemlock stoned ; 
thence N. 42 deg. west 20 rods, to a birch and stones ; thence 
N. 31 deg. west 13^ rods to a beach and stones ; thence N. 26 
deg. west 13 rod, to a larch staddle and stones ; thence west 
40 deg. N. 28 rods to a hemlock and stones ; thence N. 30 
deg. west 52 rods, to a maple and stones ; thence N, 41 
west 23 rods, to a chestnut staddle and stones ; thence west 
25 deg. N. 19 rods to a chestnut and stones ; thence west 15 
deg. N. 35 rods, to a beach and stones ; thence N. 40 deg. 
west 25 rods, to a hemlock and stones ; thence, N. 30 deg. 
west 15 rods, to a birch tree and stones ; thence N. 30 deg. 
west 22 rods, to a hemlock and stones ; thence N. 40 deg. 
west 36 rods,. to a great chestnut and stones; thence N. 19 
deg. east 34 rods, to a beach staddle in the end of the Gov" 
lot and stones ; thence N. 5 deg. east 20 rods, to a hard 
maple and stones ; thence N. 9 deg. west 80 rods, to a little 
beach staddle and stones ; thence N. 1 deg. east 31i rods, to 
a beach tree and stones ; thence N. 15 deg. east 12 rods, to a 
birch tree and stones; thence N. 19 deg. west 29 rods, to a 
beach tree and stones; thence N. 7 deg. west 38 rods, to a 
great rock ; thence N. 6 deg. west 29 rods, to a beach tree liy 
a rock ; thence N. 16 deg. west 21 lods to a hemlock staddle 
and stones ; thence N. 4 deg. west 83 rods, to an ash tree 
north of old Mr. Mott's and stones ; thence north 35 deg. 
west 23 rods, to a birch staddle by a rock ; thence N. 13 deg. 
west 23 rods, to beach tree and stones; thence N. 11 deg. 
east 13 rods, to a white ash tree and stones ; thence N. 22 
deg. west 16 rods, to a maple tree and stones; tiiencc N. 16 
deg. west 15 rods to a liemlock and stones ; thence N. 28 deg. 



72 PUBLIC RECORDS [May, 

west 47 rods to a hemlock and stones ; thence west 4 de^. 
south 15 rods, to a l)irch tree and stones ; thence N. 15 deg. 
west 24 rods, to a chestnut tree and stones ; thence west 35 
N. 18 rods, to a maple tree and stones ; thence N. 20 deg. 
west 19 rods, to a beach tree and stones ; thence north 23 
degrees west 19 rods, to a birch tree and stones; thence N. 
17 deg. west 24 rods, to a hemlock and stones ; thence N. 30 
deg. west 19 rods, to a hemlock staddle and stones ; thence 
west 7 deg. N. 12 rods, to a great hemlock tree ; thence west 
21 deg. N. 9 rods, to a l)irch tree and stones ; thence west 9 
deg. N. 19 rods, to a stake and stones at Norfolk line. The 
public road or highway is laid out on the south and west side 
of tlie aforesaid line. 

Jonathan Pettibone, Abel Merrils, Committee. 
Epaphras Sheldon, Survpyor. 

Which report is accepted and approved by this Assembly. 

This Assembly grants to liis lion"" the Governor the sum of 
one hundred and fifty pounds, for his salary for the first half 
of the current year. 

This Assembly grants to his Hon"" the Deputy Governour 
the sum of fifty pounds, for his salary for the first half of the 
current year. 

This Assembly grants to the Treasurer of this Colony the 
sum of one hundred pounds, for his salary the last year. 

This Assembly grants to the Treasurer of this Colony the 
sum of sixty pounds, for his extraordinary services the last 
year. 

This Assembly grants to the Secretary of this Colony the 
sum of twenty pounds, for his salary the last year. 

[506] This Assembly grants to Timothy Green of New 
London, printer, the sum of twenty-two pounds fifteen shil- 
lings, for his last half year salary and for sundry other 
charges, in full of his account to this time ; and the Treas- 
urer is hei'eby ordered to pay the same accordingly. 

This Assembly allows to Thomas Green of New Haven the 
sum of seven pounds eight shillings, for printing inlistments, 
proclamations, <fec., in full of his account to this time ; and 
the Treasurer is hereby ordered to pay the same accordingly. 

This Assembly appoints John Chester and Daniel Edwards, 
Esq^s Col. Samuel Talcott and Maj. William Pitkin, to 
attend his Hon"" the Deputy Governor at Hartford, to hear 
the records of the acts and doings of this Assembly publicly 
read and see the same signed by the Secretary as perfect and 
compleat. 



1762.] OF CONNECTICUT. 73 

This Assembly is adjourned until the Governor, or in his 
absence the Deputy Governor, shall see cause to call it to 
meet again. 

Signed by George Wyllys, Secretary. 



^Esqfs, Assistants. 



[507] Anno Regni Regis Greorgii tertii secundo. 

At a General Assembly of the Governor and Company op 
HIS Majesty's English Colony of Connecticut in New 
England in America holden at New Haven in said Col- 
ony ON the second Thursday of October being the 
[fourteenth] day of said month and continued by sev- 
eral ADJOURNMENTS UNTIL THE FIFTH DAY OF NOVEMBER 
NEXT FOLLOWING, ANNOQUE DOMINI 1762. 

Present : 
The Honourable Thomas Fitch, Esq'^, Governor. 
The Hon'''e William Pitkin, Esq"", Deputy Governor. 

Ebenezer Silliman, Daniel Edwards, 

Jonathan Trumble, Jabez Hamlin, 

Hezekiah Huntington, Matthew Griswold, 

Andrew Burr, Shubael Conant, 

John Chester, Elisha Sheldon, 

Benjamin Hall, Eliphalet Dyer, 

Representatives or Deputies who attended this Assembly are 
as follow, viz : 

Col. Samuel Talcott, Maj . William Pitkin, for Hartford. 

Mr. Daniel Lyman, Mr. Samuel Bishop, for New Haven. 

Capt. Pygan Adams, Capt. Jeremiah Miller, for New London. 

Mr. David Rowland, Mr. David Burr jun., for Fairfield. 

Mr. Samuel Gray, Capt. Jonathan Rudd, for Windham. 

Col. Ebenezer Marsh, Capt. Isaac Baldwin, for Litchfield. 

Capt. Jabez Huntington, Mr. Ebenezer Hartshorn, for Norwich. 

Col. Jonathan Hoit, Mr. Abraham Davenport, for Stanford. 

Col. David Whitney, Capt. Charles Burril, for Canaan. 

Col. Robert Walker, Mr. Ichabod Lewis, for Stratford. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Capt. John Strong, Mr. Solomon Whitman, for Farmington. 

Mr. Eliphalet Comstalk, Mr. Nathan Eliot, for Kent. 

Capt. Samuel Morgan, Col. Samuel Coit, for Preston. 

Mr. Nathan Gaylord, MJr. Bushnel Bostwick,for New Milford. 

Mr. John Everts, for Salisbury. 

Capt. John Williams, Capt. Caleb Jewit, for Sharon. 

Capt. Isaac Pinney, Mr. Samuel Davis, for Stafford. 

Capt. John Douglas, Mr. James Bradford, for Plainfield. 

10 



74 PUBLIC RECORDS [October, 

Mr. Jonas Prentice, Mr. Charles Phelps, for Stonington. 

Mr. Hezekiah Brainard, for Haddam. 

Mr. Joseph Strong jun., for Coventry. 

Mr. Joseph Sexton, for Sommers. 

Mr. Hezekiah Humphry, Capt. Jonathan Pettibone, for Syms- 
bury. 

Capt. Abel Gun, Mr. Charles French, for Derby. 

[508] Capt. Joshua West, Capt. Ignatius Barker, for Lebanon. 

Mr. David Strong, for Bolton. 

Capt. Joseph Olmsted, Mr. Edward Collins, for Enfield. 

Capt. Timothy Judd, Mr. John Lewis, for Waterbury. 

Capt. Isaac Kellogg, Capt. Matthew Gillet, for New Hartford. 

Capt. Zebulon West, Capt. Samuel Chapman, for Tolland. 

Mr. John Lay 2d, Mr. Samuel Holden Parsons, for Lyme. 

Mr. Peter Lockwood, Mr. Nathaniel Benedict, for Norwalk. 

Mr. Daniel Foot, Mr. John Hopson, for Colchester. 

Mr. Richard Fairman, Mr. Caleb Baldwin, for Newtown. 

Col. Ebenezer Williams, Mr. Jeremiah Scarborough, for 
Pom fret. 

Mr. John Kimberly, Mr. William Wells, for Glastonbury. 

Capt. Jonathan Belding, Capt. Elisha Williams, for Weath- 
ersfield. 

Col. Timothy Stone, Mr. Samuel Robinson, for Guilford. 

Mr. Daniel Sherman, Mr. Benjamin Stiles, for Woodbury. 

Col. Aaron Eliot, Capt. John Pierson, for Killingworth. 

Mr. Dudly Woodbridge, Capt. William Williams, for Groton. 

Capt. Hezekiah Whittlesey, Capt. John Murdock, for Saybrook. 

Mr. Benjamin Chaplin, Mr. Edmond Freman jun., for Mans- 
field. 

Capt. James Wadsworth, Col. Elihu Chauncey, for Durham. 

Mr. Luther Gay, Capt. Samuel Danielson, for Killingly. 

Capt. Benjamin Sumner, Mr. Benjamin Clark, for Ashford. 

Mr. Jonathan Coe, for Torrington. 

Capt. Samuel Nash, Capt. Ebenezer Norton, for Goshen. 

Capt. Samuel Kent, Mr. Phineas Sheldon, for Suffield. 

Capt. Robert Dixon, Mr. John Gordon, for Voluntown. 

Mr. Josiah Rogers, Mr. Ithiel Russel, for Branford. 

Capt. Obadiah Johnson, Capt. Jabez Fitch, for Canterbury. 

Mr. Thomas Russel, Mr. Joshua Pierce, for Coinwall. 

Mr. Samuel Olmstead, Mr. Stephen Smith, for Ridgfield. 

Capt. Nehemiah Lyon, Mr. Ebenezer Smith jun., for Wood- 
stock. 

Mr. Scth Wetmore, Mr. Matthew Talcott, for Middleton. 

Mr. Charles Whittlesey, Capt. Samuel Hulls, for Wallingford. 

Capt. Samuel Gilbert, for Hebron. 

Capt. Josiah Bissell, for Windsor. 



1762.] OP CONNECTICUT. 75 

Mr. Daniel Catling, for Harwington. 

Col. Joseph Spencer, for East Haddam. 

Mr. John Clap, for Greenwich. 

Mr. Comfort Starr, for Danbiuy. 

Capt. Jabez Hnntington, Si:)eaker } of the House of Rep- 
Mr. Abraham Davenport, Clerk \ resentatives. 

[509] An Act for raising- by Voluntary EnUstment two hundred and 
twenty-six effective Men including Officers for garrisoninff the sev- 
eral Forts on this Continent and for the Protection of the Frontiers and 
keeping up the necessary Communication through the Country dur- 
ing the ensuing Winter and until the first Day of July next. 

Whereas his Honour the Governor has communicated to 
this Assembly a letter from his Excellency General Amherst 
of the 4th of August last, therein requesting the continuance 
of a number of the troops in the pay of this Colony during the 
ensuing winter, for the protection of the several forts and 
country in general : This Assembly being sensible of the im- 
portance of the service aforesaid and desirous to promote the 
same, 

It is therefore resolved and enacted hy the Governor, Council 
and Rejjresentatives, in General Court assembled, and hy the. 
authority of the same. That there be proper incouragement 
given for the new enlisting two hundred and twenty six able- 
bodied men, including officers, viz : two captains and four 
lieutenants of the troops now in the pay of this Colony, * or 
others in case such are not lo be obtained, to continue during 
the ensuing winter and until the first day of July next, (unless 
his Majesty's service will admit of their being released sooner. 
And for the encouragement of such inlisting, each non-com- 
missioned officer and soldier shall have a bounty of three 
pounds, which with one months advance pay shall be paid 
him upon enlistment ; and that each commission officer shall 
also have advanced one months pay upon his being commis- 
sioned or appointed for said service ; which advance pay for 
both officers and soldiers shall be the same as in the present 
campaign with the addition of forty shillings per month to 
each captain, and twenty sliillings per month to each lieuten- 
ant, to commence from the first day of December next and to 
continue during the service. 

And his Honour the Governor is desired, in such manner 
as he shall think proper, to inform the troops of this Colony 
now in camp at Crown Point the purport of this act and order, 
and direct the principal officer to use his influence with the 
soldiery to incourage the inlistment aforesaid, and generally 
to do everything necessary to carry this act into execution. 

*The officers who .served were, Capt. Thomiis Pearee, Lieutenants Levi 
Wells and David Rumsey, in one company, and Capt. .losejih llait with 
Samuel JVIott and Moses Smith as lieutenants in the other company. 
Ebeuezer Jesup served as surgeon. War, X, 175, 179, 188. 



76 PUBLIC RECORDS [October, 

This Assembly having determined to encourage the new 
enlisting two hundred twenty-six men, including officers, for 
garrisoning the several forts on this continent and for the 
protection of the frontiers during the ensuing winter, 

It is now 7'esolved by this Assembly, That the Committee of 
the Pay-Table be directed, and they are hereby directed, to 
draw orders on the Treasurer of this Colony to pay and de- 
liver to Captain Thomas Pierce of Col. Whiting's regiment 
the sum of fourteen hundred pounds in bills of this Colony, to 
be by him delivered over to Col. Nathan Whiting at Crown 
Point, out of which sum the said Col. Whiting is hereby di- 
rected to pay to the officers that shall be appointed to stay 
during the winter &c., and to the soldiers who shall anew 
enlist for said service, the several sums ordered them by an 
act of the General Assembly made and passed this sessions, 
taking proper receipts therefor ; and the remainder to be im- 
proved by the said Col. Whiting according to his discretion, 
for the comfortable return home of the regiment under his 
command. And what money he shall pay out on the last 
mentioned service he is directed to pay in such manner as 
that the receivers shall account for the same as part of their 
wages. And the said Colonel Whiting to account for the 
whole with the Committee of the Pay-Table on his return 
home. 

Resolved by this Assembly, That the Secretary be directed, 
with the assistance of the attornies concerned or otherwise as 
he shall think best, to take an account of the several petitions 
and memorials that are of a private nature between party and 
party, which are entered for hearing at this Assembly, and 
allowing one, two or more as he shall judge convenient, to be 
heard on each day successively ; that he enter and put down 
the same in a list or docket accordingly, assigning such cer- 
tain number to each day as aforesaid. And his Honour the 
Governor is desired to call on such petitions and memorials 
to be heard according to such list or docket, and in the fore- 
noon of the respective days assigned as aforesaid, unless for 
[510] want of time any should remain unheard in the forenoon, || 
then the same to come on the next succeeding afternoon, or 
as soon after as may be ; and that all pleas of abatement 
shall be made in wiiting and delivered to the adverse party or 
his council the day before the same is assigned for hearing : 
Provided nevertheless, that if the parties concerned in any 
cause shall mutually consent to have the same come on at 
any other time than here specified and acquaint his Honour 
the Governor therewith, and it be found that the same may be 



1762.] OF CONNECTICUT. 77 

done consistently with the other business of tlie Assembly, in 
that case his Honour will permit the same to be done, if he 
shall think proper. 

An Act in Addition to and for the jMteration of an Act entituled An Act 
concerning Petitions and Prayers or Memorials to the General Assem- 
bly; also of an Act entituled An Act for the Dii-ecting and Regulating of 
Civil Actions. 

Be it enacted hy the Grovernor, Council and -Representatives, 
in General Court assembled, and by the authority of the same, 
That no petitions shall hereafter be preferred to this Assembly 
but such as do contain a prayer for rehef in some matter of 
equity, or such as complain of error in the judgment and pro- 
ceedings of some of the courts of common law. 

And he it eyiacted hy the authority aforesaid. That the 
superior and county courts in this Colony shall and may, 
from time to time as occasion shall require and as shall by 
them be judged reasonable and proper, grant new trials of 
causes that shall come before them, for mispleading, or on dis- 
covery of new evidence, or for other reasonable cause appear- 
ing, according to the common and usual rules and methods in 
such cases. 

And he it further enacted hy the authority aforesaid, That 

from and after the rising of this Assembly there shall not be 

allowed any review of any cause thence after to be commenced 

and brought in any of the courts of law in this Colony. 

An Act for enlarging and estatahshing the Pees of the Judges of the re- 
spective County Courts in this Colony. 

Be it enacted hy the G-overnor, Council and Representatives, 
in General Court asi<e7nhled, and hy the authority of the same. 
That for the future the judge of each county court shall have 
for his service while attending such court per diem nine shil- 
lings, and each justice of quorum the sum of seven shillings 
per diem. 
An Act for enlarging and establishing the Jury's Fees for trying Actions. 

Be it enacted hy the Governor, Council and Representatives, 
in Geiteral Court assembled, and hy the authority of the same. 
That for the I'uture the jury's fees for trying of each action at 
the superior or county courts shall be twenty-four shillings. 

An Act for reviving an Act of this Assembly made and passed in their 
Sessions in May Anno Domini 1 76 1 , entituled An Act in further Addi- 
tion to the Law entituled An Act providing in Case of Sickness. 

Whereas it was resolved by this Assembly at their sessions 
in May last that the aforesaid act should continue in force 
until the rising of this Assemljly, and no longer : Therefore, 

Be it enacted, hy the Governor, Council and Representatives, 
in General Court assembled, and hy the authority of the same. 
That the said act, entituled An act in further addition to the 
law entituled An act providing in case of sickness, be revived, 



78' PUBLIC RECORDS [October, 

and the same is hereby revived, and shall continue and be of 
force until the rising of this Assembly in October next, and 
no longer. 

This Assembly do appoint and impower Richard Jackson, 
of Inner Temple London, Esq", Attorney for the Governor and 
Company of this Colony, to receive all such money as is or 
may be found due and coming to this Colony from the estate 
of Richard Partridge of London, Esq"", deceased, by order of 
[511] law or otherwise, and give the proper and || necessary 
receipts and discharges therefor accordingly. And it is here- 
by ordered, that a proper instrument of procuration or letter 
of attorney be made in the name of said Governor and Com- 
pany, under the public seal and signed by the Governor and 
Secretary of this Colony, fully impowering the said Richard 
Jackson, Esq^, for the purpose aforesaid. 

The Gentlemen nominated by the Freemen of this Colony to stand 
for Election in May 1 763 are as follow, viz : 

The Honourable Thomas Fitch, Esq'', 

The Honbie William Pitkin, Esq^ 
Ebenezer Silliman, Esq"", Shiibael Conant, Esq"", 

Jonathan Trumble, Esqf, Elisha Slieldon, Esq"", 

Hezekiah Huntington, Esq"", Eliphalet Dyer, Esqf, 
Andrew Eurr, Esq'", Phineas Lyman, Esq"", 

John Chester, Esq"", Capt. Jabez Huntington, 

Benjamin Hall, Esq^", Mr. Roger Sherman, 

Daniel Edwards, Esq"", Col. Robert Walker, 

Jabez Hamlin, Esq"", Mr. David Rowland, 

Matthew Griswold, Esq"", Mr. Jared IngersoU. 

Whereas this Assembly at the sessions in May last did 
appoint and impower the Hon^'e William Pitkin, Esq'", John 
Chester and George Wyllys, Esq'"'*, to be a committee to yell 
thirty-five tiiousand pounds sterling granted by Parliament 
and ordered to be paid this Colony on account of its services 
in the year 1760, for its full value in silver, gold, or bills of 
credit of this Colony emitted by act of this Assembly in 
March, 1760, or any antecedent bills of credit of this 
Colony excepting the bills emitted in February, lY59, and 
on certain intelligence that said money is received by 
the Agent of this Colony to proceed to tlie sale ; and this 
Assembly is informed by letter from Mr. Agent Jackson that 
he hath received on the account of the Colony for the ser- 
vices in 1760, the sum of £44309 IBs. Od., whereby it 
appears that the residue, being the sum of £9309 IS.v. Ot?., 
remains to be disposed of: Whereupon this .Assembly do 
appoint and impower the said committee to sell the sum of 
eight thousand pounds sterling of the altove-mentioned resi- 



1762.] OP CONNECTICUT. 79 

due, for its full value in silver, gold, or bills of credit of this 
Colony emitted by act of Assembly in February, 1759, to any 
person or persons that shall appear and pay the value thereof 
into the treasury of this Colony. And the Treasurer's 
receipt thereof produced to said committee, they shall lodge 
the same with the Secretary and certify his Honour the Gov- 
ernor of their doings thereon, who is hereby desired and 
impowered, on receipt of such certificate, to draw bills of 
exchange on the Agent in London in favour of such pur- 
chaser or purchasers for the sum or sums so certified. 

Whereas this Assembly have appropriated the sum of 
£8000 sterling of the residue of the money received by iMr. 
Agent Jackson on account of the Colony for the service in 
the year 1760, to sink and discharge the value thereof in bills 
[512] of credit of this Colony emitted by act of Assembly in || 
February, 1759, whereljy the tax of five pence on the pound 
granted by this Assembly in February, 1759, and ordered to 
be levied on the polls and rateable estate in this Colony ac- 
cording to the list thereof brought into this Assembly in Oc- 
tober, 1761, with the additions, and collected and paid into 
the treasury of this Colony by the last day of December, 1762, 
for sinking and discharging said bills, may be lessened or 
abated two pence on the pound, and the remaining three 
pence on the pound will sink and discharge all the remainder 
of said bills : Whereupon this Asseml)ly do enact and order, 
that the said tax of five pence on the pound be and hereby is 
lessened or abated twopence on the pound, and that only three 
pence on the pound of said tax be levied, collected and i)aid 
into the treasury of this Colony for sinking and discharging 
the said bills of credit emitted by act of this Assembly in 
February, 1759, aforesaid. And the Treasurer of this Colony 
is hereby directed and ordered forthwith to send out his war- 
rants to the constaldes in the several towns in this Colony, to 
levy and collect three pence on the pound on the list aforesaid 
and additions, in lieu of the five pence aforesaid ; and the 
warrants already by him sent forth to levy and collect five 
pence on the pound, as aforesaid, be and the same are hereby 
disannulled and made void. 

An Act in Addition to and Alteration of an Act passed in this Assembly 
in May Anno Domini 1761, appointing a Committee to make Distribu- 
tion of the Bonds given for the Sale of the Township of Norfolk. 

This Assembly observing that sundry difficulties have at- 
tended and are likely to attend the method directed to in said 
act : Theretore, 

Be it enacted by the Governor^ Council and Rcpreseritatives, 
in General Court as^sembled, and by the authority of the mme, 



80 PUBLIC RECORDS [October, 

That the said committee proceed to distribute the said bonds 
to and among the several towns in this Colony who made and 
computed a list in the year 1732, as well those entered on 
the public records as those whose totals are not there entered, 
in proportion to said lists. And the said committee shall de- 
liver the bonds to the representatives or agents of the respect- 
ive towns, together with an account stated of the same, taking 
receipts for the same, which receipts shall be lodged with the 
Secretary. 

And it is further enacted, That the said representatives or 
agents are hereby ordered to deliver said bonds to the select- 
men or school-committee, if any such there be, in those towns 
where there was but one society, and to the respective society 
committees, or school-committees, if any be, where there was 
more than one society in the aforesaid year of 1732, in pro- 
portion to the list of said year, taking receipts of such select- 
men or committees for the respective sums delivered to them, 
to be improved for the support of such school or schools in 
such town or society as are by law to be there kept pursuant 
to an act of this Assembly entituled An act for the encourage- 
ment and better support of schools that by law ought to be 
kept in the several towns and societies in this Colony, and re- 
turn such receipts to the Secretary on or before the first of 
June next, upon receipt whereof the Secretary shall deliver 
up to such representatives or agents their receipts lodged as 
aforesaid. And if any dispute shall arise between societies in 
any town respecting the jH'oportion each society ought to have, 
and the committees of such societies cannot agree to adjust 
the same, it sliall be the duty of such representatives or agents 
to call in the assistance of two justices of the peace dwelling 
in some of the next neighbouring towns in the same county, 
who shall give notice of time and place to the committees of the 
respective societies that they may be heard, and such justices 
shall determine by their discretion the proportion of each so- 
ciety, the charges whereof shall be paid by the societies in 
such proportion as tlie said justices shall determine. 

[513] And whereas the bonds to be divided are many of 
them large, and the committee have found it necessary, in 
order to balance the several accounts, to set part of the con- 
tents of some of the bonds to one town and part to another : 
Therefore, 

It is resolved and enacted, That the selectmen or committee 
of such town or society that shall receive any bond the con- 
tents whereof is partly set to any other town, it shall bd the 
duty of such selectmen or committee to pay over and deliver 



1762.] 



OF CONNECTICUT. 



81 



such part so set to any town, when they shall have recovered 
the same, to the selectmen or committee of such town to whom 
the same is set, together with the lawful interest on such sum 
from the 23d of February anno Dom. 1762. And they are 
hereby authorised to demand and receive the same. 

Mesolved hy this Assembly, That the town of Willington and 
the town of New Fairfield be ordered, and they are hereby or- 
dered, to send to the General Assembly at their sessions in 
May next the sum total of tlieir respective general lists of 
polls and rateable estate of the said towns respectively, as 
taken by the respective listers of said towns for this present 
year 1762, properly certified by the respective listers of the 
said towns, together with the additions. And the Secretary 
is hereby directed to send a copy of this act to the town-clerk 
of each of the said towns, seasonably, that they may be no- 
ticed hereof. 

The Sum Total of the Lists of the several Towns in this Colony as sent 
into the General Assembly at New Haven October 1 762. 



Hartford, £39561 


2 





New Haven, 


£54523 


1 


3 


New London 


,33519 


13 





Fairfield, 


57158 


7 


9 


Windham, 


29172 


8 


4 


Litchfield, 


18221 


14 





Norwich, 


57012 


2 


3 


Stamford, 


29437 


16 


7 


Canaan, 


11306 


4 





Stratford, 


43419 








Milford, 


26630 


10 


5 


Farmington, 


48616 


16 





Kent, 


11780 








Preston, 


20071 


15 


9 


New Milford 


, 18850 


12 





Salisbury, 


12314 


2 


9 


Sharon, 


11870 


10 





Stafford, 


6861 


4 


6 


Plainfield, 


12731 


19 





Stonington, 


33693 


9 





Haddam, 


13592 


12 


9 


Coventry, 


19279 


14 


1 


Somers, 


6801 


5 





Symsbury, 


21555 


5 


6 


Derby, 


13972 


11 


5 


Lebanon, 


38531 


2 





Bolton, 


9125 


18 





Enfield, 


9737 


4 





Waterbury, 


26107 


19 


5 


New Hartford, 


6147 


12 


6 


Tolland, 


10739 


15 





Lyme, 


25026 


17 


8 


Norwalk, 


85828 


13 


8 


Colchester, 


27577 


16 





Newtown, 


16S92 


19 


4 


Pomfret, 


22489 


3 





Glastonbury, 


13723 


17 


2 


Wethersfield, 


29795 


1 


6 


Guilford, 


28981 


19 


2 2 


Woodbury, 


40436 17 


7 


Killingworth 


, 16405 


Is 


1 


Groton, 


23747 


13 


6 


Say brook, 


21689 





10 


Mansfield, 


17705 


19 


3 


Durham, 


10056 


13 


1 2 


Killingly, 


23237 


10 





Asliford, 


13125 


13 


6 


Torrington, 








Goshen, 


8492 








west side. 


3986 








Voluntown, 


10656 


12 





east side. 


1476 


2 





Oantcrbury, 


17651 


15 





Suffield, 


17391 


2 





Ridgfield, 


14000 
11 








Branford, 


22571 


11 


7i 



82 



PUBLIC RECORDS 



[October, 



Middletown, 
Hebron, 
Windsor, 
Green wicb, 
East Haddam, 



52122 18 
17517 1 6 
41284 14 G 
21405 11 
22315 6 9 



Cornwall, 

Woodstock, 

Wallingford, 

Harwington, 

Danbuiy, 



5531 4 
18800 
43763 1710iy 

5343 5 
22146 9 1 



Whereas by an act of this Assembly at their sessions in 
May last, for the encouragement of the raising five hundred 
and seventy-five effective men to enlist themselves in the regu- 
lar troops for his Majesty's service, a premium of seven 
[514] pounds lawful money to each man enlisting and || ap- 
proved of was granted, which by said act was limited to the 
fifteenth day of August last ; and whereas said number are 
not yet compleated, and this Assembly, willing still to afford 
all reasonable incouragement for the purpose aforesaid, do 
therefore resolve, that the act aforesaid with the incourage- 
ment therein be and the same is hereby continued to be in 
force until the 15th day of March next, unless said numbers 
shall be before that time compleated. 

This Assembly grants to a quarter-master for the regiment 
who shall tarry at Crown Point thro' the winter* the sum of | 
three pounds per month. 

Whereas this Assembly in their sessions at Hartford inj 
May, 1760, resolved and ordered that the highway then lately] 
ordered to be laid out from Symsbury thro' the towns of New] 
Hartford, Bark Hempstead, Winchester, Colebrook and Nor-: 
folk, should be by said towns cleared and made feasible foi 
traveling &c. by the 20th of November, 1761, and appointee 
Captain Daniel Lawrence jun., of Canaan, and Messrs. Martin 
Smith jun., of said New Hartford, and Oliver Humphry, of 
said Symsbury, to take care thereof &c. ; and whereas this 
Assembly are informed that altlio' said highway hath beei 
well described and ascertained, and in some considerabk 
measure laid open and cleared, yet much still remains to bej 
done by said towns or some of them, to render said road feas-j 
ible to the purposes of travel and transportation : It is there-! 
upon further resolved, that the said towns and proprietors do^ 
as soon as may be, take effectual care of said highway, tc 
render the same feasible as aforesaid, and that the above-| 
named committee be and they hereby are anew appointed an( 
impowered, (agreeable to their former authority,) to take 
care and see that said highway be finished as abovesaid by th( 
20th of November, 1764, or sooner if found practicable. 

Whereas a representation hath been made to his Honoui 
the Governor of the unjustifiable conduct of Capt. Edwarc 



Levi Wells served in this capacity, War, x, 185. 



1762.] OF CONNECTICUT. 83 

Converse of Killmgly, a captain of the militia, in endeavour- 
ing to secrete some deserters from his Majesty's regular ser- 
vice in June last, and enquiry being made into the conduct of 
said captain by his Honour's direction and evidence being 
taken relative thereto and exhibited to this Assembly, the said 
Capt. Converse appearing before this Assembly and confessed 
the facts alledged against him and pleaded inadvertency and 
want of due consideration of the evil of such a practice and 
the fatal consequences that might follow therefrom, which he 
is now sensible of, and professing sincere repentance therefor, 
and with promises of reformation humldy asks forgiveness : 
This Assembly taking into consideration the matters aforesaid, 
and being certified of the antecedent good conduct and regular 
behaviour of the said Captain Converse, and relying on the 
sincerity of his repentance and that such conduct for the future 
will be carefully avoided, do therefore resolve and order, that 
the said Captain Converse be dismissed on his paying of the 
cost that hath already arisen, which is the sum of two pounds 
seventeen shillings and eight pence. 

It being represented to this Assembly that there might, 
without great difficulty or cost, be a new highway made to 
cart and travel in from "Woodbury to New Haven, passing 
through the society of Oxford, by or near the meeting-house 
in said society, which would be near five miles nearer and 
much better than the country road now commonly used which 
passes through Darby : It is therefore resolved by this As- 
sembly, that Messrs. Roger Sherman, Benjamin Stiles and 
Stephen Upson jun. be and they are hereby appointed a com- 
mittee to repair to and view the land from the court-house in 
New Haven to the meeting-house in the society of Southbury 
in said Woodbury, and find out the best place for a public 
highway for travelling and carting from the one of said places 
to the other ; and if they find that there may be a new high- 
way made that will be much shorter and better than the road 
now used, and judge that it will be of common conveniency 
and advantage, that they mark out the same in the best and 
most convenient place and a particular description thereof make, 
[515] and thereof and their opinion thereon || make report to the 
General Assembly to be liolden at Hartford in May next, at the 
cost of the several towns through which the said road passeth. 

Christopher Christophers' cost on account of dieting John 
Knight, a prisoner in New London goal : To dieting the said 
John Knight in prison from the 21st of October, 1761, to the 
14th of October, 1762, in the whole fifty-one weeks, at 4s. per 
week, <£10 4s. 0(7. This Assembly allows the above account 



84 PUBLIC RECORDS [October, 

often pounds four shillings, and the Treasurer of this Colony 
is hereby ordered to pay the same accordingly. 

Whereas upon the memorial of Joel Hotehkiss and others, 
inhabitants of the northern parts of the parish of Amity in 
the town of New Haven, praying to be made a distinct eccles- 
iastical society with proper limits &c., (exhibited to this As- 
sembly at their sessions in May last,) Elisha Sheldon, Daniel 
Sherman and Moses Lyman, Esqfs, were appointed a commit- 
tee to repair to said parish, view the circumstances thereof 
together with the adjoyning lands, hear all parties and make 
report of what they shall find in the premises, with their 
opinion respecting the memorialists being made a distinct 
society <fec., to this Assembly at their present sessions ; and 
whereas said committee have not been able to attend the ser- 
vice aforesaid, and the aforesaid Elisha Sheldon, Esq^ not 
being able yet to attend without great inconveniency : It is 
therefore resolved by this Assembly, that Bushnel Bostwick, 
Esq"", of New Milford, be and he is hereby appointed in the 
room and stead of the aforesaid Elisha Sheldon, Esq% to joyn 
with the aforesaid Daniel Sherman and Moses Lyman, Esq^s, 
to perform the service aforesaid ; who are hereby directed to 
make report of their doings thereon to this Assembly at their 
present sessions. 

This Assembly do establish Mr. Israel Castle to be Captain of 
the 3d military company or trainband in the town of Wood- 
bury. 

This Assembly do establish Mr. Joseph Selden to be Cap- 
tain of the 3d military company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. Daniel Ventrous to be Lieu- 
tenant of the 3d military company or trainband in the 7th 
regiment in this Colony. 

This Assembly do establish Mr. Ezra Ely to be Captain of 
the 3d company or trainband in the town of Lyme in the 3d 
regiment in this Colony. 

This Assembly do establish Mr. Enoch Lord to be Ensign 
of the 3d company or trainband in the town of Lyme in the 
3d regiment in this Colony. 

This Assembly do establish Mr. Ebenezer Baldwin to be Cap- 
tain of the 11th company or trainband in the town of Nor- 
wich in the 3d regiment in this Colony. 

This Assembly do establish Mr. Zabdiel Rogers to be Lieu- 
tenant of the lltli company or trainband in the town of Nor- 
wich in the 3d regiment in this Colony. 

This Assembly do establish Mr. Uriah Rogers to be Ensign 



1762.] OP CONNECTICUT. 85 

of the lltli company or trainband in the town of Norwicli in 
the 3d regiment in this Colony. 

This Assembly do establish Mr. Abner Baldwin to be Lieu- 
tenant of the 2d company or trainljand in the town of Litch- 
field. 

This Assembly do establish Mr. Lynde Lord to be Ensign 
of the 2d company or trainband in the town of Litchfield. 

This Assembl)' do establish Mr. Daniel Hide jnn. to l)e 
Ensign of the 3d company or trainband in the town of Nor- 
wich in the 3d regiment in this Colony. 

This Assembly do establish Mr. Ebenezer Spaulding to be 
Captain of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Eaton to l)c Lieu- 
tenant of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Dyer to be Cornet 
of the troop of horse in the 11th regiment in this Colony. 

This Assembly do establish Mr. Simon Shepard to be Quarter- 
Master of the troop of horse in the 11th regiment in this 
Colony. 

[516] This Assembly do establish Mr. Nehemiah Smith to 
be Ensign of the 8th company or trainband in the 2d regiment 
in this Colony. 

This Assemlily do establish Mr. Daniel Holt to be Lieu- 
tenant of the lOtli company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. William Simes to be Cap- 
tain of the company or trainband in the society of Andover in 
the 12th regiment in this Colony. 

This Assembly do establish Mr. Benjamin Buel to be Lieu- 
tenant of the company or trainband in the society of Andover 
in the 12th regiment in this Colony. 

This Assembly do establish Mr. Ichabod Lewis to be Cap- 
tain of the troop of horse in the 4.th regiment in this Colony. 

This Assembly do establish Mr. John Moss to be Lieuten- 
ant of the troop of horse in the 4th regiment in this Colony. 

This Assembly do establish Mr. Joseph Tomlinson to be 
Cornet of the troop of horse in the 4th regiment in this Colony. 

This Assembly do establish Mr. Samuel Blackman to be 
Quarter-Master of the troop of horse in the 4th regiment in 
this Colony. 

This Assembly do establish Mr. Nathaniel Daniel to be Cap- 
tain of the 4tli company or trainband in the lltli regiment in 
this Colony. 



86 PUBLIC RECORDS [October, 

This Assembly do establish Mr. John Johnson to be Lieuten- 
ant of the 4tli company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. John Felshaw jiin. to be 
Ensign of the 4th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Joseph Page to be Quartcr- 
Master of the troop of horse in the 8th regiment in this 
Colony. 

This Assembly do establish Mr. John Glover to be Cap- 
tain of the 1st company or trainband in Newtown in the 
4th regiment in this Colony. 

This Assembly do establish Mr. Edmond Beach to be Lieu- 
tenant of the east company or trainband in Goshen. 

This Assembly do establish Mr. Abraham Pamely to be 
Ensign of the east company or trainband in Goshen. 

This Assembly do establish Mr Nathan Hnbbell to be Cap- 
tain of the company or trainband in Wilton in the town of 
Norwalk in the 9th regiment in this Colony. 

This Assembly do establish Mr. Joel Jones to be Captain of 
the south company or trainband in the 1st society in Hebron 
in the 12tli regiment in this Colony. 

This Assembly do establish Mr. Adam Waters to be Lieu- 
tenant of the south company or trainband in the 1st society 
in Hebron in the 12th regiment in this Colony. 

This Assembly do establish Mr. Silas Pe|)Oon to be Ensign 
of the soutli company or trainband in the 1st society in 
Hebron in the 12th regiment in tliis Colony. 

This Assembly do establish Mr. Samuel Waklee to be Cap- 
tain of the company or trainband in Stratfield in the 4th 
regiment in this Colony. 

This Assembly do establish Mr. John Burr to be Lieuten- 
ant of the company or trainband in Stratfield in the 4th 
regiment in this Colony. 

[517] This Assembly d© establish Mr. John Mackall to 
be Captain of the 16th companj^ or trainband in the 12th 
regiment in this Colony. 

This Assembly do establish Mr. Jonah Cone to be Lieu- 
tenant of the 16 th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Aaron Cleavland to be 
Ensign of the 16th company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Mr. Benjamin Fenn jun. of Mil- 
ford to be Captain of the troop of horse in the 2d regi- 
ment in this Colony. 



1762.] OF CONNECTICUT. 87 

This Assembly do cstablisli Mr. John Bccchcr of NcwIIavcn 
to 1)0 Lieutenant of tlic troop of liorsc in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Ezckicl IJa/.e of Uran- 
ford to be Cornet of the Iroup of horse in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Philo Mills of I)erl)y to be 
Quarter-Master of tlie troop of horse in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Eleazer Starr to be Ensign 
of the 2d company or trainband in Danbury in the 4th regi- 
ment in this Colony. 

This Assembly do establish Mr. Timothy Hill to be Ca}!- 
tain of the 6th company or trainband in tlie 7th regiment 
in this Colony. 

This xissembly do establish Mr. Moses Blachley to be Lieu- 
tenant of the 6th company or ti-ainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Wilcocks to be 
Ensign of the 6th company or trainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. Vetch Williams to be 
Quarter-Master of the 2d troop of horse in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Joseph Higley to be Ensign 
of the 1st company or trainband in Symsbury in the first regi- 
ment in this Colony. 

This Assembly do establish Mr. Phineas Chapman to be 
Captain of a company or trainband in Fairfield west parish 
in the 4th regiment in tliis Colony. 

This Assembly do establish Mr. Samuel Morehouse to be 
Lieutenant of a company or trainband in Fairfield west par- 
ish in the 4th regiment in this Colony. 

This Assembly do establish Mr. Thomas Couch to be Ensign 
of a company or trainband in Fairfield west parish in the 4th 
regiment in this Colony. 

This Assembly do establish Mr. David Welles to be Captain 
of the south company or trainband in the 1st society in Col- 
chester in the 12th regiment in this Colony. 

This Assembly do establish Mr. John Caverly to be Lieu- 
tenant of the south company or trainband in the 1st society 
in Colchester in the 12th regiment in this Colony. 

This Assembly do establish ]\fr. Tsrad Newton to be En- 
sign of the south company or trainband in the 1st society in 
Colchester in the 12th regiment in this Colony. 



88 PUBLIC RECORDS [October, 

This Assembly do establish Mr. Selah Hart to be Ensign 
of the 7th company or trainband in the Gth regiment in this 
Colony. 

This Assembly do establish Mr. Phineas Judd to be Captain 
of the 13th company or trainband in the Gth regiment in 
this Colony. 

This Assembly do establish Mr. Isaac Lee to be Lieu- 
tenant of the 13th company or trainband in the 6tli regiment 
in tliis Colony. 

This Assembly do establish Mr. John Judd to be Ensign 
of the 13th company or trainband in the Gth regiment in this 
Colony. 

This Assembly do establish Mr. Benjamin Dunning to be 
Captain of the company or trainband in Newbury in the 4th 
regiment in this Colony. 

[518] This Assembly do establish Mr. Robert Bostwick 
to be Lieutenant of the company or trainband in Newbury 
in the 4th regiment in this Colony. 

This Assembly do establish Mr. Peter Hubliel to be Ensign 
of the company or trainband in Newbury in the 4th regiment 
in this Colony. 

This Assembly do establish Mr. Joseph Enos to be Ensign 
of the 11th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do appoint George Wyllys, Esq"", to be 
Colonel of the first regiment in this Colony. 

This Assembly do appoint William Pitkin jun. Esq"", to be 
Lieutenant-Colonel of the first regiment in tliis Colony. 

This Assembly do appoint Erastus Wolcott, Esq"", to be 
Major of the first regiment in this Colony. 

This Assembly do establish Mr. Samuel Holt to be Lieu- 
tenant of the 2d company or trainband in Wallingford. 

Upon the petition of Ann Morison, widow and relict of Doct. 
Normand Morison late of Hartford, deceased, and one of the 
executors of the last will of the said Normand, also late widoAV 
and the only surviving executor of Capt. John Smith formerly 
of said Hartford, deceased, and George Smith, William Smith, 
Robert Nevins and Mary his wife, all of said Hartford, said 
George, William and Mary being the only children and heirs 
of said deceased John, and Daniel Marsh jun. and Ann his 
wife, and John Walker and Marion his wife, and William 
Knox and Jennet his wife of said town, the said Ann, Marion 
and Jennet the only children, and Normand Morison and 
Margaret Morison grandchildren of said deceased Normand, 
the said grandchildren being minors appearing by their 



1762.] OF CONNECTICUT. 89 

guardian the said widow Ann Morisoii ; representing to this 
Assembly that the said Normand and Ann Morison as execu- 
tors of the said deceased John Smitli, the said Normand 
in right of his said wife having liad tlie care and man- 
agement of divers sums of money and estate belonging 
to the said deceased John, the said Normand for secur- 
ing the same had made and executed to Col. John Whiting 
and George Wyllys, Esq'"% guardians of said heirs of said 
John Smith, a deed of several pieces and parcels of land and 
estate in trust to and for the use and benefit of the said heirs 
for the purpose aforesaid, and that afterwards the said sevei'al 
lieirs of said deceased John Smith coming of age had endea- 
vored a settlement of their said portions with the said Nor- 
mand Morison that had come into his hands and had received 
considerable sums of him therefor, and thereupon had given 
the said Morison a general release and discharge of their said 
parts and portions of said estate of the said John, deceased, 
and of further demands thereon, but did not in any other way 
release said lands ; further representing that since the deatli 
of said Normand sundry papers had been discovered whereby 
they, said heirs of said Smith, are induced to think there has 
been some mistake and oversight to their prejudice in said 
settlement, and thereupon have claimed said lands and sold 
the same for their satisfaction in the premises, wliich lands 
have been by the said Normand Morison by his last will given 
and disposed to and among his said children and grandchildren 
&c., who insist that the aforesaid heirs of said Smith have re- 
ceived what was justly due from the said deceased Normand, 
for which said lands were secured as aforesaid, which had oc- 
casioned law-suits and much trouble and contention ; further 
shewing, that all the parties concerned are desirous of having 
said matters settled and quieted and to have right done to 
each and every one, any omissions or mistakes in the past 
transactions about those matters notwithstanding, and which 
it is difficult for the parties to do among themselves, more by 
reason of the minority of said grandchildren ; praying to have 
some suitable persons appointed a committee, to look into 
said matters of difference and claims and report to this As- 
[519] sembly what and how much, if || anything, be further 
due in equity to said several children of said John Smith or 
to any of them, and from whom and how and in Avhat man- 
ner the same ought to l)e paid, and further, how and in what 
manner said land and estate ought to be quieted to tiie devisees 
of the said Normand, deceased, and for this Assembly to en- 
force a compliance therewith &c. ; as by the petition on file 

12 



90 PUBLIC RECORDS [October, 

may more at large appear. And this Assembly being also 
further acquainted that, since the preferring of said petition, 
the aforesaid Marion, wife of the said John Walker, hath died, 
leaving several children her heirs, all of whom are minors 
and by their said father and natural guardian as well 
as by the other parties concerned are desired to be included 
in and entituled to the relief prayed for by said petition : It 
is thereupon resolved by this Assembly, that Jonathan Truni- 
ble and John Chester, Esq''% and Doct. Daniel Lothrop be 
and they are hereby appointed a connnittec to look into the 
several matters mentioned in said petition as aforesaid, and 
make their report to this Assembly in May next of what they 
shall find in the premises with their opinion thereon. 

Upon the petition of Eliphalet I3eacher, of New Haven in 
the county of New Haven, representing that at the supei'ior 
court held at New Haven on the last Tuesday of August, 1 762, 
Ebenezer Keeny, of Derby in the county of New Haven, re- 
covered judgment founded on a verdict of the jury against 
him for the sum of <£100 damages and costs ; complaining of 
misconduct and mistakes in said jury in their finding said 
verdict against the petitioner, and praying for a new tryal, as 
by the petition on file may at large ap[)ear : Resolved by this 
Assembly, that the said Eliphalet Beacher shall have the 
liberty of a new trial of the said cause at the superior court to 
be held at New Haven in New Haven county on the last Tuesday 
of February, A. D. 1763, and the same action shall accord- 
ingly be entered in the docket of said superior court for trial ; 
and all cost shall follow the final issue of said cause. 

Upon the petition of John Wooden jun., of New Haven in 
the county of New Haven, representing that John Hotchkiss, 
of said New Haven, at the superior court held at said New 
Haven on the last Tuesday of August, 1762, recovered final 
judgment against him in an action of trespass on the case, 
for the sum of £1000 lawful money damage and £5 16s. Id. 
cost, and complaining of error in said judgment of said 
superior court, and praying that said judgment might be 
reversed and he restored to all the damage he hath sustained 
thereby, as by the petition on file may at large appear : Re- 
solved by this Assembly, that there is manifest error in said 
judgment of said superior court. Whereupon it is ordered and 
enacted by this Assembly, that the said judgment of said 
superior court shall be, and the same is hereby, reversed and 
set aside, and that the said John Wooden jun. shall recover 
for his damage sustained thereby of the said Hotchkiss the 
sum of three pounds nineteen shillings and three pence, and 



1762.] OP CONNECTICUT. 91 

that execution shall be granted therefor. Ex. granted Nov. 
5th, 1762. 

Upon the petition of Thomas Delano of Sharon, against 
John Penoyer of said Sharon, shewing to this Assembly that 
the said Penoyer recovered final judgment against him at the 
superior court held at Litchfield in August last for <£61 18s. 
Id. lawful money, damage, and large cost, in an action 
brouglit by the said Penoyer wherein he charged the peti- 
tioner witli fraud in the sale of a certain negro girl ; complain- 
ing that the jury missed their evidence in said case, and pray- 
ing for a new trial &c., as by the petition on file : Resolved by 
this Assembly, that the petitioner have liberty of another 
trial of said case at tlie superior court to be held at said 
Litchfield on the last Tuesday save two of August next, and 
that all cost follow the final judgment that shall be given in 
said case. 

[520] Upon the petition of Daniel Bull and Aaron Bull, 
both of Hartford, Oliver Pomroy of Weathersfield, John Hill 
of Windsor, and Isaac Pitkin of said Hartford, representing 
to this Assembly that they, together with Joseph Webb late 
of said Weathersfield, deceased, being creditors of one Joseph 
Ballard of said Windsor the said Webb attached all liis goods 
and estate, and that a letter of license was procured by said 
Ballard and produced to the petitioners signed with said 
Webb's name, and the petitioners were thereby induced to sign 
and execute the same ; that said license notwithstanding, the 
said Webb proceeded on said attachment to judgment and 
execution, and thereby sold the said goods &c., and applied 
the same only in payment of his own debt, whereby the peti- 
tioners were altogether deprived of all means of obtaining 
any part of their debts, the said Ballard having failed and 
being absolutely worth nothing ; alledging that said proceed- 
ings of said Webb counteracted their mutual understanding 
and engagements, and that the said avails of said goods 
received by said Webb under the circumstances aforesaid was 
received in trust for the petitioners; praying for relief therein, 
and that a committee be appointed to examine and report 
thereon; as per said petition on file appears: Resolved l)y 
this Assembly, that Joim Ledyard, Esqr, of Hartford, and Mr. 
Philij) Mortimer and Mr. Richard Alsop, both of Middleton, 
be and they are hereby api)ointed a committee, to call the 
said parties in said petition before them and to examine into 
the matters therein mentioned and referred to, and report 
what they shall find in the i)remiscs Avith their opinion thereon 
to tills Assembly at their sessions at Hartford in May next. 



92 PUBLIC RECORDS [October, 

Upon the petition of Henry Peck, Gideon Peck, Ephraim 
Peck and Ebenezer Peck, all of Newtown, against Robert 
Walker, Esqi", Nathan Birdsey and the rest of the proprietors 
of the common and undivided lands in i^tratford, shewing to 
this Assembly that the said proprietors recovered final judg- 
ment against the petitioners at the superior court held at 
Fairfield in August, 1761, for the surrendry of about 24 
acres of land described to lye in the northerly part of said 
township of Stratford and bounded as per writ dated Novem- 
ber 3d, 1760 ; also twenty shillings damages, and cost XI 3 19&. 
4:d. lawful money ; further shewing, that by a certain written 
agreement made and executed in the year 1725, by a commit- 
tee of said towns respectively appointed to settle and fix the 
dividing line between said towns the lands demanded would 
be and were left on the north of the bounds dividing between 
said towns, and so not belonging to the said proprietors, 
which agreement by some means failing of being recorded 
occasioned the said judgment to he rendered against the pres- 
ent petitioners ; further shewing that since that time, on 
application made to this Assembly, the said agreement and 
line had been fully established and confirmed, so that said 
recovered lands and premises are manifestly within the town- 
ship of Newtown and not within the claim of the said proprie- 
tors; praying to have said judgment vacated &c., and the 
said money being recovered of the petitioners to be ordered 
to be returned &c. ; as by the petition on file : Resolved 
by this Assembly, that the said judgment had and ren- 
dered against the petitioners in August, 1761, as aforesaid, be 
and the same is hereby vacated and made null and void. 
And it is further resolved and decreed, that the petitioners 
have and recover back of the said proprietors the said sums of 
twenty shillings and .£13 19s. 4^., in the whole X14 19s. 
4f?., lawful money, and that execution go forth for the same 
signed by the Secretary of this Colony accordingly. JSx. 
granted Jan. .11, 1763. 

[521] Upon the petition of Stephen Merwin of Wallingford, 
against Elihu Hall, Esq"", of said Wallingford, complaining 
of error in the judgment of the superior court held at New 
Haven, February, 1762, upon a demurrer to the plea of the 
defendant in an action wherein the present petitioner was 
plaintiff against the said Hall, charging the defendant with a 
breach of trust in the conduct of a certain execution in favour 
of the petitioner against one Solomon Clark &c. ; praying tp 
have said judgment set aside &c., as by the petition on file : 
Resolved hy this Assembly, that in proceeding to and render- 



1762.] OF CONNECTICUT. 93 

ing said judgment manifest error hath intervened : the same 
judgment is therefore reversed and set aside, and lil)erty 
granted to the petitioner to have another trial of his said 
cause at the superior court to be held at New Haven on the 
last Tuesday of February next, and that all cost follow the 
final judgment. And in case judgment shall be in favour of 
the petitioner, the said superior court is hereby enabled and 
directed to award execution in favour of the said Merwin, to 
have and recover back of the said Elihu Hall whatever sums 
of cost he may have recovered of the said Merwin by force 
of said former judgment. 

Upon the petition of Stephen Reaves, of South Ham])ton 
in the county of Suffolk and Province of New York, repre- 
senting that he had purchased of one James Butler, of Bran- 
ford in the county of New Haven, a certain lot of land situate 
in said South Hampton, and paid him therefor X150 IQs. Od. 
New York money, when at the time of said purchase and 
said payment therefor the said lot did rightfully belong to 
him, was his own, and that he was ignorant of its being his 
own at the time of said purchase, and was mistaken when in 
purchasing he supposed the same lot to belong to said Butler, 
and that he was thus ignorant and mistaken by mere acci- 
dent &c. ; praying said monies might be refunded, or a com- 
mittee appointed &c., as by the petition on file may at large 
appear : Resolved, that Thomas Darling, Esq"", Messrs. Sam- 
uel Bishop jun, and Thomas Howell, all of New Haven in 
the county of New Haven, be a committee, and they are 
hereby appointed a committee, to hear and examine the mat- 
ters in said petition mentioned and referred to, and to make 
report of their opinion thereof and what they shall judge 
equitable therein to this Assembly in May next. 

On the petition of Samuel Murdock and the rest of the in- 
habitants of Windham, representing to this Assembly that 
they brought their action against the town of Coventry, de- 
manding £50 Os. Od. lawful money, for the support of one 
Mary Welch and her child, the poor of said town of Coven- 
try, which said action came to a final trial at the superior 
court held at Windham in March last, at which court linal 
judgment was rendered, in favour of tbe then defendants, to re- 
cover their cost &c. ; further shewing to this Assembly, that 
since said trial new evidence has come to light, material in the 
cause ; praying liberty for a new trial, as per petition on file : 
Resolved by this Assembly, that the petitioners have liberty 
of another trial of said cause at the superior court to be 
held at Windham in and for the county of Windham on the 



94 PUBLIC RECORDS [Octobcr, 

3d Tuesday of March next, and tliat the future cost follow 
the final judgment that may be rendered in said new trial. 

On the petition of Thaddeus Cook and Andrew Hull of 
Wallingford, administrators on the estate of Hannah Cook, 
deceased, shewing to this Assembly that one Mary Jackson 
brought her action of debt per book, demanding £90 Os. 6d., 
which action came by appeal of said Mary to the superior 
court in New Haven in August last, at which court they were, 
by [522] reason of sickness, defeated of attending with their || 
witnesses, and also accidentally destitute of some material 
papers relative thereto, and so were defaulted therein ; pray- 
ing for relief, as per their petition on file : Resolved by this 
Assembly, that liberty be and hereby is granted unto said 
administrators of entring said action at the superior court to 
be holden at New Haven on the last Tuesday of February 
next, as though pending l)y review, and in the meantime exe- 
cution on said judgment in August last be staid and all pro- 
ceedings thereon. 

Upon the petition of John Cable and Jabez Cable of Fair- 
field, against Jacob Townsend of New York and others, repre- 
senting to this Assembly that they, the petitioners, being in- 
debted to the petitionee and being in treaty with the principal 
of them in behalf of themselves and the rest in order to a set- 
tlement, and having offered to deliver up to their said credi- 
tors all their goods and effects, and the same offer being ap- 
proved of, the said creditors had, nevertheless, caused them, the 
said John and Jabez, to be arrested and thrown into prison, 
where they have long lain and still are likely to remain, and that 
notwithstanding their continuing to offer to deliver up to their 
said creditors all their estate and effects as aforesaid ; praying 
to have the said creditors obliged and ordered to compound with 
them in some reasonable manner, that so they, the said John 
and Jabez, may be at liberty to take care of and support them- 
selves and families, and that a committee may be appointed to 
look into said matters &g. ; as by the petition on file : Re- 
solved by this Assembly, that Ebenezer iSilliman, Esq"", William 
Burr, Esqf, and Samuel iSquire jun., all of Fairfield, be and they 
are hereby appointed a committee with full power and author- 
ity to look into and enquire of and concerning all and singular 
the matters and things represented and charged in the said 
petition, and make their report of what they shall find, with 
their opinion thereon, to this or the next Assembly. 

Upon the petition of Joseph Woodruff', Esq"", and others of 
Milford, against John Down of said Milford, representing that 
the said Down recovered final judgment against them at the 



1762.] OP CONNECTICUT. 95 

superior court held at New Haven on the last Tuesday of 
August last, for fifty shilliniis damages and a laige l)ill of 
cost, in an action of trespass for ])ulling down a certain weav- 
er's sho]) in said Milford ; further reitrcsenting, that before 
said action brought he, the said Joseph, bonglit the said 
Down's late homestead in said Milford, of which the said shop 
was part as appurtenant thereto ; alledging that the jury miss- 
ed the law and the evidence in said cause in judging that the 
said shop was not an appurtenant to said lioniostead <fec. ; 
praying for a newtriaj of said cause, as by tlie ])etition on file : 
Resolved by this Assembly, that the i)etitioners have liberty 
of another trial of said case at the sujierior court to be held 
at New Haven on the last Tuesday of February next, and fhat 
all cost follow the final judgment that shall be given in said 
case. And in case judgment shall be finally rendered in fa- 
vour of t^ie petitioners, that said superior court award execu- 
tion against said Down in favour of the jjctitioncrs for them to 
recover back from said Down such sum of cost as he may have 
recovered from them in consequence of said former judgment. 
Upon tlie petition of Jesse Squire of Cornwall, against Da- 
vid IngersoU, late of Sheffield, now of a place called Spencer 
Town in the Province of New York, shewing to this Assem- 
bly, that the said Ingersole had obtained judgment against 
him, the said Squire, before the superior court held at Litch- 
■ field in August last, for one thousand pounds damages and 
cost on a certain bond given for his, the said Squire's, con- 
veying and passing over to the said IngersoU his, the said 
Squire's homestead in said Cornwall,consisting of a dvyelling- 
house, barn &c., and about fifty acres of land ; further charg- 
ing and alledging that the contract of said Ijond was an ex- 
change agreed to be made of said homestead for a certain right 
of land l)y said Ingersole sold to said Squire in a place called 
Noble Town in the Province of the Massachusets Bay, which 
right the said Squire had not been able to obtain and eujuy ; 
[523] II representing that said bargain was obtained by fraud 
and misrepresentation, and also that the same was afterwards 
by the parties agreed to be given up &c. ; praying to have 
commissioners appointed to look into said bargain and agree- 
ment and all natters relating thereto, and report what tliey 
shall think right to be done in the premises ; as Iiy the jieti- 
tion may more fully appear: Resolved by this Assembly, 
that Messrs. Benjamin Cowlcs, Moses Lyman and Jo.^iah 
Stoddard be, and they are hereby, appointed a committee with 
full power to examine into said several matters and n)akc 
their report to this Assembly in May next what they shall find 



96 PUBLIC RECORDS [October, 

in the premises, with their opinion thereon, and that execn- 
tion on the aforesaid judgment of the superior court be stayed 
in the meantime. 

Upon the petition of Prudence Hubbard, Hezekiah Hub- 
bard and Elizur Hubl)ard, of Glastonbury, executors of the last 
will and testament of David Hubbard, Esq"", late of said Glas- 
tonbury, deceased, against John Hills and Hezekiah Hills of 
said Glastonbury, executors of the last will of John Hill sen., 
late deceased, complaining of error in a judgment of the supe- 
rior court held at Hartford on the first Tuesday of September 
last, in an action of scire fades, wherein the petitioners were 
plaintiffs against the said petitionees upon a plea in bar, sug- 
gesting and alledging a representing of said Hills estate in- 
solvent &c., after commencing of said action of scire fades; 
praying to have said judgment reversed and a new trial grant- 
ed tfec, as per the petition on file : Resolved by this Assem- 
bly, that in proceeding to and rendering the judgment com- 
plained of manifest error hath intervened; and thereupon the 
same judgment is hereby reversed and set aside, and liberty 
of a new trial of said case granted at the superior court to be 
held at Hartford on the first Tuesday of March next, and that 
all cost follow the final judgment that shall be rendered in 
said case. 

Upon the petition of Abel Hall, of Stratford in Fairfield 
county, shewing to this Assembly that Solomon Burton of said 
Stratford brought his action of covenant broken &c. against 
said Hall, which action came to a final trial at the superior court 
held at Fairfield within and for said county on the last Tues- 
day save one in August last, and was by said court committed 
to the jury, who brought in the following verdict, viz : In this 
case the jury find that the land mentioned in the plaintiff's 
writ was surveyed and laid out to Samuel Hall of Fairfield 
March 28th, 1754, and received for record March 29th, 1754, 
and recorded May 12tli, 1758 ; and also the same piece of land 
was laid out to John Porter March 29th, 1754, and recorded 
December 16th, 1754. If the law be so that notwithstanding 
the record to Samuel bears date May 12th, 1758, it shall take 
effect from the time of receiving to record, then we find the 
defendant not guilty and find for him his cost : but if the 
law be otherwise, then we find the defendant is guilty in 
manner and form as set forth in the writ, and find for the 
plaintiff ten pounds damage and his cost. And that said su- 
perior court thereupon were of opinion that the record to Sam- 
uel Hall did not take effect from the time of receiving to re- 
cord ; and thereupon gave judgment that the said Burton should 



i 



1762.] OF CONNECTICUT. 97 

recover of said Hall, the petitioner, ten pounds lawful money 
damages and his cost. Said Abel Hall complaining that said 
judgment of the superior court is erroneous, and praying that 
the same may be reversed and set aside, and that the peti- 
tioner may have another trial of said cause at the superior 
court to be held at Fairfield within and for said county on the 
last Tuesday save one in February next, and that all cost may 
follow the final judgment ; as by said petition on file : Re- 
solved by this Assembly, that the judgment complained of is 
erroneous, and that the same be reversed, and that the peti- 
tioner have another trial of said cause at the superior court to 
1)0 held at Fairfield within and for the county of Fairfield on the 
last Tuesday save one of February next, and that all cost 
shall follow the final judgment. 

[524] On the petition of Caleb Johnson of Wallingford and 
others, selectmen of said town, vs. Isaac Tyler of said Wall- 
ingford, complaining of and against a resolve of the General 
Assembly in October last on the petition of said Tyler, revers- 
ing a judgment of the honorable superior court rendered 
against said Tyler in August, A. D. 1761, on a process brought 
by said selectmen on the statute of this Colony entituled an act 
to prevent encroachments on highways &c., before Benjamin 
Hall, Assistant, demanding 40s., the penalty mentioned in 
said statute, which cause on plea of title exhibited by said 
Tyler was removed into the county court in New Haven, on 
which plea judgment was rendered in favour of said Tyler in 
January, A. D. 1761, from which judgment said county court 
denied liberty of an appeal. Also said selectmen shewing and 
alledging in said petition that on plea of title in said action an 
appeal is by law grantable, praying for liberty to enter said 
cause at the superior court to be held in said New Haven in 
February next, as by their petition on file appears : Resolved 
by this Assembly, that liberty be and the same is hereby grant- 
ed unto Caleb Johnson <fec., petitioners, of entering said 
cause at the supei-ior court to be held at New Haven in Feb- 
ruary next as tho' the same had been pending by way of ap- 
peal from the said county court ; and in case final judgment 
shall be rendered against said Tyler, then and in such case 
said superior court shall give judgment that said selectmen 
shall recover of said Tyler the sums paid to him on execution 
issued on the decree and sentence of this Assembly in October 
last above referred, and all cost to follow the final judgment 
therein. 

Upon the memorial of Bethiah Welbour of Groton, admin- 
istratrix on the estate of Capt. Elam Welbour, deceased, rep- 
13 



98 PUBLIC RECORDS [October, 

resenting to this Assembly that the debts due from the estate 
of said deceased surmount the personal estate of said deceased 
the sum of .£32 6s. Od. lawful money; praying that the me- 
morialist and Samuel Whipple of Stonington might be im- 
powered to make sale of so much of said estate as shall be 
sufficient to pay said sum together with the incident charge 
of such sale ; as per said memorial on file may appear : Resolv- 
ed by this Assembly, that the said memorialist and Samuel 
Wliipple be impowered, and they are hereby fully authorized 
and impowered, to maice sale of so much of said estate as shall 
be sufficient to pay said sum of £'62 6s. Od. together with the 
incident charge of such sale ; taking the direction of the court 
of probates for the district of New London therein. 

On the memorial of the inhabitants of the 4th society in 
Guilford, as also Abraham Hotchkins, Abraham Hotchkins 
jun., Jonathan Everts jun., Nathan Chittenden, Edward Lew- 
is, Daniel Norton jun. &c., complaining that they with some otli- 
ers have for some time past attended woi'sliip and joyned 
with the said 4th society, but have been and still are taxed by 
the iirst society in said Guilford, and that they liave not been 
in the relief heretofore granted ; praying they may be releas- 
ed from said first society &c., as per memorial on file: Re- 
solved by this Assembly, that Abraham Hotchkins, Abraham 
Hotchkins jun., Jonatlian Everts jun., Nathan Chittendon, 
Edward Lewis, Daniel Norton jun., George Dudly and Dan- 
iel Everts jun., be and they are hereby added to said 4th soci- 
ety, and on their entering their names with the clerk of said 
4th society they be freed from said first society, and that they 
be rated and taxed by said 4th society accordingly. 

Upon the memorial of Benjamin Lothrop and Ann Lothrop, 
administrators on the estate of Nathaniel Lothrop late of Can- 
terbury, deceased, shewing to this Assembly that the del)ts&c. 
due from said estate surmount the personal estate of said de- 
ceased the sum of £165 2s. 9d. lawful money; praying for 
[525] liberty to sell so much of || the real estate of said deceased 
as to pay said sum of £165 2s. 9d. lawful money with the 
necessary charges arising thereon : Resolved by this Assem- 
bly, that the said Benjamin and Ann Lothrop have liberty, 
and liberty is hereby granted to them and they are impowered, 
to sell so much of the real estate of said deceased as to pay 
said sum of £165 2s. 9d. with the necessary charges arising 
thereon ; taking the direction of the court of probate for the 
district of Plainfield therein. 

Upon the memorial of John Jennings jun., of Fairfield, ad- 
ministrator on the estate of John Jennings late of said Fair- 



1762.] OF CONNECTICUT. 99 

field, deceased, shewing to this Assembly that the debts due 
from the estate, of said deceased surmount his moveable estate 
the sum of .£84 IGs. 2c?., and praying for liberty to sell so 
much of the real estate of said deceased as will procure said 
sum &c. : Resolved by this Assembly, that the memorialist 
have liberty and he is hereby impowered, to sell so much of the 
real estate of the said deceased John Jennings as will raise 
the aforesaid sum of XS4 16s. "Id. with the incident charges 
arising on such sale ; taking directions of the court of probate 
in the district of Fairfield therein. 

Upon the memorial of Abisha Castle, of Waterbury in New 
Haven county, shewing to this Assembly that in the month of 
April last [he] had his house consumed by fire witli all his 
houseliold goods, and in said house had consumed sundry bills 
of this Colony of the emission of March, A. D. 1761, viz : one of 
forty shillings, one of ten shillings, one of five shillings, and 
one ot fifteen pence, and one of nine pence emission un- 
known, and praying this Assembly to give liberty for the 
Treasurer of this Colony to pay him the sum of said bills with 
the interest tliereon, as per memorial on, &c. : Resolved by 
this Assembly, that the said Castle have out of the treasury of 
this Colony the sum of said bills with the interest thereon ; 
and the Treasurer is hereby ordered to pay the same. 

Upon the memorial of Ephraim Coy of Preston, shewing to 
this Assembly that he was a soldier in the government's ser- 
vice in the year 1761, and that while he was in said service he 
had one of his feet frozen, and that the same remains yet un- 
healed, and that he hath been for some time past under the 
care of Doctor Porter, in order to get the same healed, and 
that he is indebted for his board while under the care of said 
doctor the sum of £11 4.s. 0^. ; praying this Assembly .that he 
may have said sum paid to him out of the treasury of this Col- 
ony, as per memorial on file &c. : Resolved by this Assembly, 
that the said Ephraim Coy have the said sum of Xll 4s. Od. 
lawful money granted to him out of the treasury of this Col- 
ony ; and the Treasurer of this Colony is hereby ordered to 
pay him the same accordingly. 

Upon the memorial of ^ltephen Johnson and others, inhab- 
itants of the east society of Norwich in the county of New Lon- 
don, praying to be released from said society and annexed to 
the north society of Preston ; as by their memorial on file ap- 
pears : It is resolved, granted and ordered by this Assembly, 
that the said Johnson and others living within the bounds of 
said east society and living north of a line beginning at the 
southwest corner of Doctor Moses Morses farm by Quina- 



100 PUBLIC RECORDS [October. 

bauge River in said east society and from thence easterly by 
the south side of said Morses land to Pi-eston line, with their 
lands, shall be annexed to and be of the said north society of 
Preston, and shall pay their parish rates and taxes to said 
north society of Preston, and shall be released from paying 
any society and ministerial taxes to said east society. 

Upon the memorial of Barnabas Baldwin of New Haven, 
representing that in April, 1741, he gave bond with security 
[526] to the Governor and || Company of this Colony condi- 
tioned for payment of thirty-two pounds ten shillings in the 
new tenor bills of this Colony, so called, or gold equivalent 
&c., which bond lieing afterwards put in suit judgment had 
been rendered thereon by the superior court held at New Ha- 
ven in February, 171-|, for £o4 9s. 2d. lawful money ; represent- 
ing that said sum is much more than the value and amount of 
the debt due by said bond according to the laAvs and regula- 
tions in the Colony ; praying to have an abatement of said 
sum &c., as by the memorial on file : Resolved by this As- 
sembly, that John Whiting and Thomas Darling, Esq''^ be 
and they are hereby appointed a committee with full power, 
to enquire into said matter and make their report thereof 
with their opinion thereon to this Assembly in May next. 

Upon the memorial of Robert Cleland of New London, rep- 
resenting to this Assembly that for the space of eleven years 
past he has been employed in keeping the school for the 
Indians at Mohegan, that his allowance for that service has 
been small, his trouble and expences great, has the year past 
been obliged to advance the sum of X6 10s. Od. to procure 
bread for the Indian children who attended said school &c. ; 
praying for some further allowance <fec., as per memorial on 
file: .This Assembly grants to the aforesaid Robert Cleland 
the sum of twenty-one pounds ten shillings, to be paid out of 
the public treasury of this Colony, fifteen pounds of which is 
in consideration of his service in said school for three years 
last past, and the residue thereof is on account of his expen- 
ces in procuring bread for said Indian children ; and that the 
Treasurer of this Colony is hereby ordered and directed to pay 
the same accordingly. 

On the memorial of Mary Wells, of Durham in the Colony 
of Connecticut, executrix to the last will and testament of 
Jonathan Wells late of said Durham, deceased, shewing that 
the said deceased in his last will and testament made no pro- 
vision for the payment of his debts other than out of his move- 
able estate, and that since his death many and great debts 
have appeared against said estate, which with some necessary 



1762.] OF CONNECTICUT. 101 

household goods set to the widow and some lost estate exceeds 
the moveable estate of said deceased the sum of £62 5s. 5f ti ; 
thereupon praying for liberty to sell real estate &c. : Resolved 
by this Assembly, that the memorialist and Mr. Bryan Ross- 
iter of said Durham have liberty, and they are hereby impow- 
ered, to sell so much of the real estate of said deceased as will 
procure the aforesaid sum of <£62 5s. 6:|c?. together with the 
incident charges arising on such sale ; taking the direction of 
the court of probate in the district of Middleton therein. 

Whereas Messrs. Jonathan Hoit, Abraham Davenport and 
Jonathan Maltbie, Esq'% were appointed at the sessions of 
this Assembly in May last, upon the petition of Ezekiel Rob- 
erts of Stanford, against Anthony De Mill of the same Stan- 
ford, a committee to examine into and report what they shall 
find relative to the matters charged in said ])etition to tliis 
Assembly ; and whereas by reason of divers accidents the 
parties have been prevented being able to have said matters 
heard : It is therefore resolved, that David Rowland and 
Lothrop Lewis, Esqi's, and Capt. Samuel Burr, all of Fair- 
field, be and they are hereby appointed a committee to enquire 
into and report make of and upon the preuiises to this 
Assembly in May next. 

Whereas Messrs. Joshua West, Ebenezer Backus and Elc- 
azer Fitch, Esq^^, were appointed at the sessions of the Gen- 
eral Assembly in May last upon the petition of Jonathan 
Fowler vs. Titus Culver, and also on the petition of Joseph 
Linsey &c. vs. Titus Culver, to examine the matters com- 
plained of in each of said petitions and make report to this 
Assembly in their present sessions, and said petitioners being 
inevitably hindered from making preparations for said hear- 
ing before said commissioners : It is therefore resolved, 
that said Messrs. Joshua West, Ebenezer Backus and Eleazer 
[527] Fitch, Esqrs, [| be and hereby are appointed to hear the 
parties in the petitions above mentioned and to examine the 
matters referred to in each of said petitions and make report 
of the matters touching the affairs mentioned therein and 
their opinion thereon to this Assembly at their sessions in 
May next. 

Whereas upon the memorial of John Gilbert and others, 
inhabitants of the parish of Greenfield and of the parish of 
Stratfield and North Stratford, all in the county of Fairfield, 
praying to be made a distinct ecclesiastical society, tiie Gen- 
eral Assembly holden at Hartford in May, 1702, did appoint 
Comfort Starr, Richard Fairman and Joseph Piatt, Ksq^s, a 
committee to repair to and view the circumstances of the mem- 



102 PUBLIC RECORDS [October, 

orialists and make report to this Assembly, which committee 
have reported that tlie inhabitants living within the following 
bomids and limits, w'2; Beginning at the northeast corner 
of the parish of Norfield and extending southerly in the east- 
erly line of said Norfield to the southeast corner of the par- 
ish of said Norfield, and from thence a straight line easterly 
to the upright highway called Burr's highway where the cross 
highway called the 2d cross highway crosses said Burr's high- 
way, and thence to extend easterly in said second cross high- 
way until it comes to the highway that passes from the rear of 
the long lofs in Fairfield between Morehouse and Turney's 
long lots so called, and from thence to run southerly in said 
last mentioned highway to the first cross highway so called, 
and from tlience to extend northeasterly in said last men- 
tioned highway till it comes to Fairfield Mill River so called, 
and then to run with said river until it comes to the line be- 
tween the towns of Fairfield and Stratford, and from thence 
to run a course at right angles with the line between said 
towns 250 rods easterly into Stratford, and from thence to 
run a line northwesterly in such a direction that it shall be a 
parallel to the line between said towns till it comes to the 
river aforementioned, which is there the easterly bounds of 
said Stratfield, and from thence in the easterly and northerly 
and westerly lines of said Stratfield until it comes to the 
southeasterly corner of the parish of Reading, and from 
thence to run westerly in the southeasterly line of said Read- 
ing until it comes to the northeast corner of Norfield parish 
aforesaid, are sufficient to make a distinct society ; which 
report of said committee is accepted and approved, as per said 
memorial, report <fec. on file appears : Resolved by this 
Assembly, that the memorialists and all other inhabitants 
living within the limits and boundaries aforementioned be and 
they are hereby made and constituted a distinct ecclesiastical 
society, with all the powers, priviledges and immunities by 
law belonging to the other ecclesiastical societies in this Col- 
ony, and shall be called and known by the name of the Society 
of North Fairfield. 

Upon the memorial of Joseph Adkins of Waterbury and 
others, shewing to this Assembly that they live at such a dis- 
tance from the public worship where they respectively belong 
that they cannot with any conveniency attend the public wor- 
ship there ; praying to this Assembly that the memorialists 
with all those that live within the limits hereafter mentioned, 
viz: Beginning at the northeast corner of the first lung lots 
in Farmington on the mountain next to Waterbury, tlience 



1762.] OF CONNECTICUT. 103 

running westerly three miles by the south end of the society 
of New Cambridge, and then continuing the same course to 
where said Cambridge society comes into the society of North 
Berry two miles to a birch tree at the north end of a ledge of 
rocks in Stephen Blacksley's lot about sixty rods east ot his 
house, and from thence south two degrees east four miles to a 
white oak tree markt, and from thence south 12 degrees east 
one mile and seven rods to a bunch of cherry trees by the 
west side of the Mad River, so called, and from thence south 
2 degrees east about half a mile into a line drawn west from 
Farmington southwest corner, and I'rom thence east in said 
line one mile and three quarters to said corner, and from 
thence in Farmington line until it comes to the east side of 
the original twenty rod highway which runs across the said 
long lots in Farmington, and from thence running northerly 
straight to the top ridge of the mountain west of Phineas 
Barns' house, and from thence on the heighth of said moun- 
tain to the first-mentioned place, may have the priviledge of 
hiring preaching among themselves five months in the winter 
season, viz. : December, January, February, March and 
April, during the pleasure of this Assembly ; and that they 
may have liberty of setting up a school according to the laws 
[528] of this Colony, and be freed from paying || such part of 
their rates to said societies they respectively belong to ; as 
per the memorial on file : Resolved by this Assembly, that the 
memorialists, and all others living within the limits afore- 
said, have liberty, and liberty is granted them during the 
pleasure of this Assembly, to hire an orthodox minister to 
preach among them said five months in every year and be 
freed that time from paying taxes to the several societies to 
which they belong to the support of the ministry ; and tliat 
they set up and keep a school in said limits as the law 
directs, and be freed from all school taxes in the societies 
where they belong ; and to tax themselves for the suj)port of 
the ministry and school as societies by law have power to do. 
Upon the memorial of John Gilbert, Joshua Dart and Ju- 
dith Shaler, administrators on the estate of Ebenezer Shaler 
late of Bolton, deceased, shewing to this Assembly that the 
debts and charges due from the estate of said deceased sur- 
mount the moveable part of the estate of said deceased the 
sum of seventy-six pounds seventeen shillings ten pence 
three farthings money, praying for liberty to make sale of so 
much of the real estate of the said deceased as to raise said 
sum with the necessary incident charges arising on such sale : 
Resolved by this Assembly, that liberty be granted, and the 



104 PUBLIC RECORDS [October, 

said administrators are hereby impowered, to make sale of so 
much of the real estate of the said Ebenezer Shaler, deceased, 
as to raise the said smn of £76 17s. lOft^. lawful money, for 
the payment of the debts of said deceased, together witli the 
necessary incident charges arising on such sale; taking the 
direction of the court of probates in the district of Hartford 
therein. 

On the memorial of Daniel Lyman, administrator of the 
estate of Elihu Lyman late of New Haven, deceased, repre- 
senting to this Assembly that the said Elihu was employed in 
the service of this government at Albany in the year 1755, 
and part of the year 1756, for the space of one year, and 
that large sums of money were by order of the government 
laid out by said Elihu in the transporting provisions &c. for 
the army, and that said Elihu died before his accounts were 
settled with the government, and that no persons have ever 
been appointed to settle the same ; and praying that some 
proper persons may be appointed for said purpose, as per 
memorial : Resolved by this Assembly, that the Committee 
of the Pay-Table be appointed and they are hereby appoint- 
ed, to consider of the reasonableness of the demand for the 
services referred to in said memorial, and make such allow- 
ance as they shall judge just and equitable therefor. 

Upon the memorial of the inhabitants of the parisli of East 
Bury in the town of Glastonbury, representing that for many 
years they have laboured under extraordinary burthens and 
difficulties, and are still under discouragements, unable to sup- 
port their charges, and that the fourth mile of land in said 
Glastonbury east from Connecticut River hath been sequestred 
to lye common, but hath been more lately laid out, and that 
all the rates arising on said fourth mile of land hath been paid 
to and improved in said first society, excepting a few farms, 
and that the meeting-house in said Eastbury stands within 
half a mile of said mile of land &c. ; praying that the whole 
of said mile of land formerly called connnons, and the inhabit- 
ants that shall live thereon, may be annexed to said Eastbury 
parish or society, and that all rates and taxes hereafter raised 
or that shall arise thereon &g. be paid to said society of East- 
bury &c. : Resolved by this Assembly, that the northerly 
part of said mile of common beginning at Hartford line and 
running thence southerly until it comes opposite to what is 
called the bend of the river, including the dwelling-house of 
Benjamin Hills, be annexed to said parish of Eastbury. 

Upon the memorial of Nathaniel Barns of New Haven, ad- 
ministrator upon the estate of Samuel Barns late of said New 



1762.] OF CONNECTICUT. 105 

Haven, deceased, representing to this Assembly that said de- 
[5:19] ceased was impowered by this || Assembly in May last 
to make sale of so much of the real estate of Moses Turlle as 
should amount unto the sum of <£ 13 2s. Oc^. lawful money, 
which he had expended in supporting said Tuttle as he was 
conservator of his person and estate, and said deceased did not 
sell said estate before his decease ; said administrator praying 
that he may be impowered to make sale of said estate sufficient 
to i)ay said <£13 2.s'. {)d. with the incident charges of such sale, 
as by said memorial on file appears : Resolved by this Assem- 
bly, that the memorialist have liberty, and liberty and authority 
is hereby granted unto him, to sell so much of the real estate 
of said Tuttle as shall be sufficient to pay said sum of X13 2s. Od. 
with the incident charges of such sale, and make return of his 
doings unto the county court in the county of New Haven. 

On the memorial of Bethiah Steel of Farmington, admin- 
istratrix on the estate of Jonathan Steel late of Farmington, 
deceased, shewing to this Assembly that the debts due from 
said estate with some allowance made to the widow surmounts 
the moveable estate the sum of forty pounds eighteen shillings 
and four pence half penny money, for which no certificate has 
before been given ; praying that she with Mr. Thomas Stow 
jun. of Middleton should be allowed to sell so much of the real 
estate of said deceased as to make said sum, with the advice 
of the court of probate for the district of Hartford therein : 
Resolved by this Assembly, that the said administrati-ix with 
Thomas Stow jun. of Middleton, have liberty, and liberty 
is hereby granted to them, to sell so much of the real estate 
of said deceased as to make said sum of £40 18s. 42't^. money, 
with the incident charges thereon arising : taking the advice 
of the court of probate for the district of Hartford therein. 

On the memorial of William Ripley and Irene Warner, ad- 
ministrators on the estate of Timothy Warner late of Wind- 
ham, deceased, shewing that the debts and charges due from 
the estate of said deceased surmount the inventoried moveable 
part thereof the sum of <£l-')4 18.s. 9c?. in lawful money ; pray- 
ing for liberty to make sale of real estate of said deceased 
sufficient to raise and pay the said sum and incident charges 
&c., as per memorial on file : Resolved by this Assembly, 
that the said administrators have liberty, and liberty and au- 
thority is hereby granted to them, to sell so much of the real 
estate of said Timothy Warner, deceased, as shall be sufficient 
to raise and pay said sum of i:lo418s. ^d. lawful money with 
the incident charges ; taking the direction of the court of 
probates for the district of Windham therein. 

14 



106 PUBLIC RECORDS [October, 

Upon the memorial of Jerusha Hide, administratrix on the 
estate of Jedidiah Hide late of Norwich, deceased, shewing to 
this Assembly that the debts &c. allowed by the court of pro- 
bate for the district of Norwich against the estate of the said 
deceased surmount the moveable part of said estate tlie sum 
of £38 136'. Hhd., and praying for liberty to sell of the real 
estate of the said deceased sufficient to pay said sum with tlie 
incident charges &c., as per memorial on file : Resolved by 
this Assembly, that Capt. Richard Hide of said Norwich be 
impowered, and he is hereby authorized and impowered, to 
sell so much of the real estate of the said deceased Jedidiah 
Hide as to enable the said administratrix to pay the said sum 
of £38 18s. 8|c?. and the incident charges arising on such 
sale ; he taking the direction of the court of probate for the 
district of Norwich therein. 

On the memorial of Samuel Eastman of Ashford &c., rep- 
resenting to this Assembly that Zebulon West, William Wells 
and Joseph Strong, Esq'^, were by this AssemWy in their 
May sessions, 1761, appointed a committee to settle the line 
between Stafford and Union according to Farrar's run and 
their report thereon make &c. ; which said committee run a 
line from two chestnut trees allowed to be the southeast 
corner of said Stafford, and from thence a line north 31M. 
east for said Farrar's line to divide between said Stafford 
and Union, and their report so thereon made, which was 
accepted by May Assembly, 1762 ; complaining of a mistake 
in said committee in their run aforesaid ; praying for a new 
committee &c., as per memorial on file : Resolved by this 
Assembly, that Shubael Conant, Jabez Fitch, Esq''^ and 
[530] Major William Pitkin be and they are || hereby ap- 
pointed a committee, at the cost of the memorialists, to re- 
pair to the proper place, hear the parties, and thereon con- 
sider and determine where the said Farrer's line, so called, 
really and originally ran from the said two chestnut trees, 
and their report thereon make to this Assembly at their ses- 
sions in May next. 

Upon the memorial of Ruth Goward of Stafford, adminis- 
tratrix on the estate of William Goward late of Stafford in 
the district of Stafford, deceased, shewing to this Assembly 
that the debts, charges &g. of said estate, with allowances to 
the widow of the said deceased, surmount the personal inven- 
toried estate of the said deceased the sum of £27 5s. Ad., and 
praying for liberty to make sale of so much of the real estate 
of the said deceased as to answer and pay the said sum &c., 
as per memorial on file : Resolved by this Assembly, that 



1762.] OP CONNECTICUT. 107 

liberty be granted to the said Ruth (xoward and Stephen Stiles 
of Hebron, to make sale of so much of the real estate of the 
said deceased as to answer and pay the said sum with the in- 
cident charges on sale arising ; taking the advice of the court 
of probate in the district of Stafford therein. 

Upon the memorial of Joel Hotchkiss and others the in- 
habitants of the parisli of Amity living north of an east and 
west line drawn from the south end of the dwelling-house of 
the widow Hannah Sperry, preferred to this Assembly at their 
sessions at Hartford in May last, representing the inconven- 
iences they were under in attending the public worship &c., 
and praying for society priviledges, a committee was granted 
&c. ; which committee having made report to this Assembly 
of their opinion that said memorialists and inhabitants dwel- 
ling north of said east and west line should be made a society 
&c. ; which report being accepted by this Assembly : There- 
upon it is enacted and ordered, that said inhabitants of the 
parish of Amity living north of an east and west line drawn 
from the south end of the widow Hannah Sperry's dwelling- 
house, as prayed for in said memorial, shall be a distinct 
ecclesiastical society with all the priviledges and powers usually 
belonging to such societies in this Colony, and shall be called 
and known by the name of Bethany. 

Upon the memorial of Benjamin Boardman and Ann his 
wife, representing that Dorothy Hosmer late of East Haddam, 
deceased, by her last will and testament bequeathed to her 
nephews, viz: Zechariah Hosmer, Stephen Hosmer and John 
Hosmer, sons of said Ann by her former husband Stephen 
Hosmer late of East Haddam, deceased, sixteen acres of land 
in said East Haddam, and to her nephew Timothy Hosmer, 
son of Mary now wife of Thomas Fuller and late wife of Rob- 
ert Hosmer, six acres of land, and by said will ordered that 
her debts should be paid by said legatees according and in 
proportion the value of their respective estates bequeathed as 
aforesaid, and that said debts amount to sixty-two pounds ten 
shillings and five pence farthing, aud that the proportion be- 
longing to the said Zachary, Stephen and John Hosmer to pay 
is twenty-six pounds, and that there is no estate belonging to 
the said Zachariah, Stephen and John, saving said 16 acres of 
land ; praying for liberty to sell said sixteen acres of land, and 
that the said 26 pounds be paid out of the avails of such sale : 
Resolved by this Assembly, that said sixteen acres of land 
be sold for the payment of said <£26,andif the said land shall 
sell for more than said £'16, said overplus be deposited in the 
hands of the guardians of said Zachariah Hosmer, Stephen 



108 PUBLIC RECORDS [October, 

Hosmer and John Hosmer, to be accounted for to said Zacli- 
ariah &c., now minors, as the law directs, and that the said 
Benjamin Boardman be authorized and impowered, and he is 
hereby impowered, to make sale of said land and make deed 
or deeds thereof accordingly. 

Upon the memorial of Tarbal Whitney, administrator on 
the estate of Joshua Whitney late of Plainfield, deceased, 
shewing to tliis Assembly that the debts &c. due from said 
estate surmount the said personal estate of said deceased the 
sum of ,£o53 Os. 9d. lawful money ; praying for liberty to sell 
so much of the real estate of said deceased as to pay said sum 
of .£868 Os. 9d. : Resolved by this A8seml)ly, that the me- 
morialist have liberty, and liberty is hereby granted and he is 
impowered, to sell so much of the real estate of said deceased 
as to pay the said sum of £'I63 Os. 9d. with the necessary 
charges arising thereon ; taking the direction of the court of 
probate for the district of Plainfield therein. 

Upon the memorial of Solomon Hamilton, Isaac Lanphere 
and Sarah Lanpbere his wife, administrators on the estate of 
Mr. Daniel Hamilton late of Colchester in the district of East 
Haddam, deceased, shewing to this Assembly that the debts 
and charges due from said estate do surmount the sum of the 
[531] inventory of the personal estate of said || deceased the 
sum of thirty pounds fourteen shillings and two pence lawful 
money, as appears by the certificate of the clerk of said court 
of probates ; praying for liberty to sell so much of the real es- 
tate of the said deceased as may raise the sum abovesaid, or 
that Mr. Daniel Foot of said Colchester and the said Isaac 
Lan])here of said Coventry be impowered l)y this Assembly to 
sell so much of the real estate of said deceased as may raise 
said sum : Therefore it is resolved by this Assembly, that 
liberty be granted and that the said Daniel Foot and said Isaac 
Lanphere have liberty and be hereby impowered, to sell so 
much of the real estate of the said Daniel Hamilton, deceased, 
as shall raise the sum of £30 14s. 2d. lawful money with the 
incident charges arising thereon ; taking tlie direction of the 
court of probate for said district therehi. 

On the memorial of Jacob Burnap of Windham, shewing to 
this Assembly that by Windham county court he is appoint- 
ed conservator to take care of the person and estate of Joseph 
Decker and John Decker, impotent persons, and that the said 
Joseph is indebted the sum of £27 2s. lid. and tbe said John 
the sum of £27 Os. Od. for their past necessary support, which 
debts are allowed by said county court, for the payment of 
which neither the said Joseph or John have personal estate, 



1762.] OF CONNECTICUT. 109 

but that each of them have real estate given by the will of 
their father Joseph Decker, late deceased, much more than 
the amount of such their respective debts aforesaid; pray- 
ing liberty to have sucli their lands sold for the satisfying 
the said debts aforesaid : Resolved by this Assembly, that 
the said Jacob Burnap be and he is hereby fully authorized 
and impowered, to sell so much of the said real estate of the 
said Joseph as shall amount to said sum of £21 2s. l^d. and 
of the said real estate of said John as sliall amount to said 
sum of £21 Os. Od. as also the incident charges of such sales, 
and the monies arising on the sale aforesaid to dispose of for the 
satisfying such debts and charges, and his account thereof 
render to the said county court. 
i Upon the memorial of Edmund Livingsworth of Stratford, 

praying this Assembly to grant him the liberty of keei)ing a 
ferry at the narrows a little above Derby Neck by said Lev- 
ingsworth's dwelling house ; as by his memorial on file ap- 
pears: Resolved by this Assembly, that said Levingsworth 
have liberty, and power is hereby given to him to set up and 
keep a ferry cross Stratford River at the place aforesaid ; and 
that said ferry be kept and be under the laws and regulations 
as other ferries in tliis Colony ; and that the fare of said ferry 
be as follows, viz : for man, horse and load, two pence ; for 
each foot man, one penny, and for each ox or neat kine, two 
pence, and for each sheep, goat or swine, an half-penny, and 
for a two wheel carriage with one man and draught horse and 
load, four pence, and other things proportionable, duiing the 
months of April, May, June, July, August, September, Octo- 
ber and November ; and for tlie other four months in the year 
five pence for each man, horse and load, and all other trans- 
ports in proportion. 

Upon the memorial of Amos Hollister and Sarah Sparks, 
administrators on the estate of Thomas Sparks, late of Glas- 
tonbury in the county of Hartford, deceased, shewing to this 
Assembly that the debts and charges due from the estate of 
said deceased (besides some small necessaries set out to the 
widow) surmount the moveal)le estate of the said deceased the 
sum of nine potiuds seventeen shillings and six pence lawful 
money; moving to this Assembly for liberty to sell so much of 
the real estate of the said deceased, to pay said sum : Resolved 
by this Assembly, that liberty be granted and liberty is here- 
by granted to the memorialists, to sell so nnich of said real 
estate to pay the abovesaid sum of nine pounds seventeen 
shillings and six pence with the incident charges arising there- 
on ; taking the direction of the court of probate for the. dis- 
trict of Hartford therein. 



110 PUBLIC RECORDS [October, 

On the memorial of Ebeiiezer Gridley and Rebekali Nichols, 
administrators on the estate of Benjamin Nichols late of Far- 
mington, deceased, for liberty to sell of the real estate of the 
said deceased for the payment of debts due from said estate 
to the amount of X33 10s. Hd. lawful money, with charge 
arising on the sale thereof : Resolved by this Assembly, that 
[532] the said memorialists have liberty, || and liberty is here- 
by granted to the said memorialists, to sell of the real estate of 
the said deceased to the amount of X33 10s. l|(i., by the di- 
rection of the court of probate in the district of Hartford, with 
incident charges arising on the sale thereof. 

Upon the memorial of Gershom and Eleazer Scott, execu- 
tors of the last will and testament of Daniel Scott late of 
Waterbury, deceased, shewing to this Assembly that the debts 
due from said estate surmount the moveable estate of the said 
deceased the sum of <£13 19s. lOc^. lawful money, and they 
not being impovvered by the will of the testator to sell any 
part of his real estate, and praying for liberty to sell so much 
of the real estate of the said deceased as to pay said sum &c. : 
Resolved by this Assembly, that the said executors have lib- 
erty and they are hereby impowered, to sell so much of the 
real estate of the said deceased as to satisfy said debt with 
the incident charges arising thereon ; taking direction of the 
probate court for the district of Woodbury therein. 

Upon the memorial of Sarah Waterous of Guilford, admin- 
isti-atrix on the estate of Ethan Waterous, late of Guilford in 
the district of Guilford, deceased, shewing to this Assembly 
that the debts and charges exhibited against the estate of said 
deceased and allowed by the court of probate (or the district of 
Guilford surmount the whole inventoried moveable estate of 
said deceased the sum of £56 9s. 2d. ; praying liberty to sell so 
much of the real estate of said deceased as will raise said sum 
with the incident charges arising on said sale, as per memo- 
rial on file : Resolved by this Assembly, that the memorial- 
ist have liberty and she is hereby impowered, to make sale of 
so much of the real estate of said deceased as will raise said 
sum of £56 9s. 2d. with the incident charges arising on said 
sale ; taking the direction of the court of probat j for the district 
of Guilford therein. 

Upon the memorial of John Bidwell and Josiah Oilman, 
administrators on the estate of Capt. John Oilman late of 
Hartford, deceased, shewing to this Assembly that the debts 
due from said estate for which payment no provision hath 
heretofore been made exceed the moveable estate the sum of 
ninety pounds lawful money, for the payment of which the 



1762.] . OF CONNECTICUT. Ill 

memorialist have no moveable estate : Resolved by this As- 
sembly, that the memorialist have liberty, and liberty is here- 
by granted to said memorialist, to sell so much of said de- 
ceased's estate as will procure said sum of ninety pounds law- 
ful money with incident charges arising on such sale ; taking 
the direction of the court of probate for the district of Hart- 
ford therein. 

This Assembly grants unto Jonathan Hall, of Norwich in 
New London county, the priviledge of having and keei)ing a 
ferry over the river against said Hall's dwelling-house in said 
Norwich. The ferry boat to put off from said Hall's wbarf 
and land on the other side of the river at the town's landing- 
place in said Norwich. The fare of said ferry to be as stated 
Ity law. The above priviledge is on condition that said Hall 
keep and maintain a good and sufficient ferry-boat, and that 
he provide a pent-way with gates from said Hall's wdiarf thro' 
the land of Daniel Hall and Capt. John Liffingw^ell to come 
into New London road near said Liffingwell's dwelling-house. 
Said ferry to be kept during the pleasure of this Assembly. 

Upon the memorial of Abigail Huljbell of Fairfield, widow 
of Capt. Samuel Hubbell late of Fairfield and now deceased, 
representing to this Assembly that her late husband was in 
the year 1760 a captain of a company raised by this Colony 
for his Majesty's service to the northward, and that he carried 
away with him above £100 of the monies wbich he received 
out of tbe Colony treasury with design therewith to supply 
the soldiers of his company as they should happen to sicken 
and stand in need, and that she verily believes said monies 
to have been so expended, but that said Capt. Hubbell w^as 
taken with and died of the small-pox before his return, and 
that all his accounts were lost and she is thereby disabled 
to find out who received those monies, and that the estate of 
said Hubbell is now indebted to this Colony for about £96 of 
said money ; praying that a committee may be appointed to 
enquire into said matters, as per memorial on file appears : Re- 
solved by this Assembly ,that Andrew^ Burr and David Rowland, 
Esqrs, be and they are hereby appointed a committee, to en- 
[533] quire into and examine into the matters || in said memo- 
rial alledged,and their report to make of what they find togeth- 
er with their opinion thereon to the General Assembly to be held 
at Harttbrd in May next. 

On the memorial of Hannah Austin of Durham, adminis- 
tratrix on the estate of Moses Austin late of said Durbam, 
deceased, shewing to this Assemlily that the debts and charges 
allowed Ijy the court of probate for tlie district of Middleton, 



112 PUBLIC RECORDS [October, 

together with some allowance of necessaries made by said 
court to the widow, surmount the moveable part of said estate 
the sum of £68 13s. 3^. lawful money, and thereupon pray- 
ing for liljerty to sell real estate &c. : Resolved by this As- 
sembly, that liberty be granted and it is hereby granted to the 
memorialist with the assistance of Capt. James Curtis of said 
Durliam, to sell so much of the real estate of said deceased as 
will procure the aforesaid sura of X68 13s. S^d. lawful money, 
together with the incident charges arising on such sale ; tak- 
ing the direction of the court of probate for the district of 
Middleton therein. 

Upon the memorial of Christian Shean of Newtown, execu- 
trix of the last will and testament of Ebenezer Foot late of 
Stratford, deceased, shewing to this Assembly that the debts 
due from the estate of said deceased surmount his moveable 
estate the sum of X24 4s. 2d. for the payment whereof, the said 
deceased made no other provision in his said last will than 
what his moveable estate would answer, and praying that 
some meet person may have liberty to sell so much of the real 
estate of said deceased as will be sufficient to pay said sum 
&c. : Resolved by this Assembly, that Samuel Hawley of 
Stratford have liberty, and he is hereby impowered, to sell so 
much of the real estate of the said deceased Ebenezer Foot as 
will procure said sum of ,£24 4s. 2d. with incident charges 
arising on such sale ; taking directions of the court of probate 
in the district of Fairfield therein. 

Upon the memorial of Nathan Farnam of Litclifield, ad- 
ministrator on the estate of Thankful Demnian, late of Litch- 
field in the district of Litclifield, deceased, shewing that the 
debts due from the estate of the said deceased surmount the 
personal estate the sum of £5 12s. 10c?., and praying for lib- 
erty to make sale of so much of the real estate of the said de- 
ceased as to pay the said sum with the incident charges on 
said sale arising ; as per memorial on file : Resolved by this 
Assembly, that the said Nathan Farnam have liberty, and Ub- 
erty is hereby granted unto him, to make sale of so much of 
the real estate of the said deceased as to answer and pay the 
said sum of Xo 12s. ^0d. with the incident charges thereon 
arising ; taking the advice of the court of probate in the dis- 
trict of Litchfield therein. 

Upon the memorial of Thomas Durkee of Woodbury, ad- 
ministrator on the estate of Abijali Durkee, late of Litchfield 
in the district of Litchfield, deceased, shewing that the debts 
due from the estate of the said deceased, (^with some necessa- 
ries allowed to the widow,) surmount the personal estate of 



1762.] OF CONNECTICUT. llo 

said deceased the sura of ^31 6s. 10c?. 2, and praying for lib- 
erty to make sale of so much of the real estate of tlie said 
deceased as to answer and pay the said sum ; as per memorial 
on file : Resolved by this Assembly, that the said Thomas 
Dnrkee, administrator, liave liberty, and liberty is hereby 
granted unto him, to make sale of so much of the real estate 
of the said deceased Abijah Durkee as to answer and pay the 
said sum of £'S1 6s. lOd. 2, with the incident charges arising 
on said sale ; taking the advice of the court of probate in the 
district of Litchfield therein. 

On the memorial of Hannah Blake of Middleton, adminis- 
tratrix on the estate of Jonathan Blake late of Middleton, de- 
ceased, shewing to this Assembly that the debts and charges 
due from said estate, together with some necessary household 
goods set to the widow, surmount the moveable estate of said 
deceased the sum of £11 Os. Id. lawful money; thereupon 
praying for liberty to sell real estate &c. : Resolved by this 
Assembly, that liberty be granted, and liberty is hereby grant- 
ed to the memorialist with the assistance of Mr. Stephen Blake 
of Middleton, to sell so much of the real estate of said deceas- 
ed as will procure the aforesaid sum of £11 Os. Id. L. money, 
together with the incident charges arising on such sale; 
taking the direction of the court of probate for the district of 
Middleton therein. 

On the memorial of Susannah Giddins of Middleton, admin- 
istratrix on the estate of Mr. John Giddens late of said Mid- 
[534] dleton, deceased, shewing to this || Assembly that the 
debts, charges and allowances made by the court of probate 
for the district of Middleton against said estate exceed the 
moveable part thereof the sum of <£22 16s. lOc?., thereupon 
praying for liberty to sell real estate : Resolved by this As- 
sembly, that liberty be granted, and liberty is hereby granted 
to the memorialist, to sell so much of the real estate of said 
deceased as will procure the aforesaid sum of X22 16s, lOd. 
lawful money, together with the incident charges arising on 
such sale ; taking the direction of the court of probate for the 
district of Middleton therein. 

On the memorial of Experience Wood, of Middleton in said 
Colony, executrix to the last will and testament of Jonathan 
Wood late of said Middleton, deceased, shewing that the said 
deceased in his last will and testament made no provision for 
the i)ayment of his debts other than out of his moveable estate, 
and that since liis death many and great debts have appeared 
against said estate, which, with some necessary household 
goods set to the widow and some lost estate, exceed themove- 
16 



114 PUBLIC RECORDS [October, 

able estate of said deceased as inventoried the sum of £122 
4s, Id. ; thereupon praying for liberty to sell real estate <tc. : 
Resolved by this Assembly, that the memorialist and Mr. Silas 
Dunham of said Middleton have liberty and they are hereby 
impowered, to sell so much of the real estate of said deceased 
as will procure the aforesaid sum of £122 4s. Id. together 
with the incident charges arising on such sale ; taking the di- 
rection of the court of probate for the district of Middleton 
therein. 

Upon the memorial of Roger Sherman, guardian of Antlio- 
ny Carpenter and Elizabeth Carpenter, minors, and Seth Ben- 
edict, guardian of Helena Carpenter, a minor, all which minors 
are children of Anthony Carpenter late of New Haven, de- 
ceased, shewing that the said deceased Anthony Carpenter 
died in June, 1760, his said son Anthony being then nine 
months old, and that the charges of his nursing, apparrel and 
for })hysicians in his sickness since that time amounts to the 
sum of £29 2s. 9c?. lawful money, and that there was allowed 
out of the personal estate of the said deceased l)y the court of 
probate for the district of New Haven toward the bringing up 
of the said Anthony the sum of £12 13s. 6c?., and that the said 
Anthony has no moveable estate to pay the residue of said 
charges already arisen, being £16 9s. 3c^., and that more must 
be expended for the support of the said Anthony before he can 
earn his living, and that all the real estate he has in this Colony 
is part of a dwelling-house and about half a rood of land in Nor- 
walk, the whole apprized at £187, and that the said Antho- 
ny's share therein is £112 Is. Qd.., and the residue thereof 
belongs to said Elizabeth and Helena, the value of £37 Qs. Zd. 
to each, which they hold in common with the said Anthony, 
and that his right therein can't be sold for the value of it 
without selling the whole ; therefore praying this Assembly to 
impower the memorialists to sell the same and secure the 
money on interest for the benefit of said minors ; as per their 
memorial on file : Resolved by this Assembly, that the me- 
morialists have liberty and they are hereby impowered, to sell 
the whole of said house and land, and that the said Anthony's 
guardian may pay the said sum of £16 9s. 3c?. out of the said 
Anthony's part of the money that shall be procured by such 
sale, with the incident charges of sale, and that the memori- 
alists loan out the residue of the said money on interest for 
the benefit of the said minors in proportion to their respective 
interest therein, taking good and sufficient security for the 
same. 

Upon the memorial of John Holden jun., of Glastonbury, 



1762.] OP CONNECTICUT. 115 

shewing to this Assciubly tliat in the year 1760 he was a sol- 
dier in the service of the government, enlisted by and under 
the command of Capt. Samuel Gaylord of Middleton as his 
captain, and that the wages that became due to him as settled 
by the pay-roll amount to <£16 16s. Id., and that the said 
Gaylord as pay-master to said company received said money 
to pay to your memorialist, but he hath never paid him the 
same nor any part thereof ; and also representing that the 
said Gaylord hath failed in his circumstances and is altogether 
unable to pay the same ; and praying for relief &c., as per 
memorial on file &c. : Resolved by this Asseml)ly, that the 
matters contained in said memorial be referred to the Com- 
mittee of the Pay-Table, who arc hereby directed to examine 
into the same, and in case it shall appear to them that the 
said wages are still due to the memorialist and cannot be ob- 
tained of the said Gaylord or his surety, that then they draw 
an order on the Treasiu-er of this Colony to pay the same to 
the said memorialist out of the Colony treasury. 

[535] We the subscribers, being mutually chosen by the 
tribe of Indians at Nehantick in Lyme on the one part, and 
Edward Champlin, Joseph Smith &c. of said Lyme on the 
other part, to settle and determine a contr(.)versy subsisting 
between said parties, respecting a piece of land lying in said 
Nehantick commonly known by the name of the upper hun- 
dred acres, and is part of a large tract of land formerly 
granted to Joseph and Jonathan Bull of Hartford, and by 
them conveyed to Nehemiah Smith, Esq'', of Groton, wherein 
said parties agree to be concluded as to the ancient bounds 
of said tract by our judgment on the bounds mentioned in 
said deed from said Josc[)h and Jonathan Bull to said Nehe- 
miah Smith, and that the said land l)e then equally divided 
by us for quantity and quality, which settlement when so 
made by us the parties agree to stand by and acquiesce in and 
shall put a final end to any further controversy respecting 
said lands ; and having met at said Nehantick on the 8th day 
of April, 1762, the parties being all present, we viewed said 
lands and heard all their talks and debates respecting said 
lands, and agreed to bound and divide the said land as follows, 
viz: Beginning on the west side at the head of the creek at 
a spring about one rod northwestward of Indian Joseph's 
house, from thence east 31 tZ. south 120 rods a straight line 
across the neck to a point of rocks on Nehantick Bay, said 
hundred acres lying on the noi'th side of said line and l)Ounded 
east on said Nehantick Bay, north on said Champlain's land, 
and west on the brook which runs into the creek; which piece 



116 PUBLIC RECORDS [Octobcr, 

of land we divide between the parties by a straight line begin- 
ning at a cherry tree with stones about it standing under the 
hill about 30 rods west from said Champlin's dwelling-house 
and about one rod east of a gate and bars going into Black 
Point ; thence running south 3 d. west 148 rods, to a heap of 
stones in the line above described which divides the upper 
from the middle hundred acres and is about eleven rods west- 
ward from the point of rocks above mentioned : the said Ind- 
ians to have all the lands on the west side this line, and the 
said Champlin &c. to have all the land on the cast side of 
said line ; excepting and reserving to the Indians the perpet- 
ual use of their burying place, which is on that part of said 
tract, to bury their dead. And whereas the highway down 
to Black Point is on the Indians' part of land in this division, 
we would signify that a proper allowance hath been made to 
them in this division therefor. All which we have done 
according to our best judgment and skill, the rules of equity 
and justice, and to the general satisfaction of the parties. 

Dated in Lyme Pygan Adams, ^ 

the 15th day of April, 1762, Stephen Hempsted, > Referees. 

Richard Wait, ) 

The foregoing return of the gentlemen subscribing thereto 
mutually chosen by the parties therein mentioned, to deter- 
mine the controversy between them referred to in the same, 
is approved of, established and confirmed l)y this Assembly, 
and ordered to be recorded. 

On the memorial of Andrew Waterman, administrator on 
the estate of Ezra Fitch late of said Lebanon, deceased, shew- 
ing that the debts and charges due from the estate of said 
deceased surmount the inventoried moveable part thereof the 
sum of i£95 Os. ^d. in lawful money ; praying for liberty to 
make sale of real estate of said deceased sufificient to raise 
and pay the said sum and incident charges &c., as per the said 
memorial on file : Resolved by this Assembly, that the said 
administrator have liberty, and liberty and authority is hereby 
granted to him, to sell so much of the real estate of said Ezra 
Fitch, deceased, as shall be sufficient to raise and pay said 
sum of £95 Os. Qd. lawful money with the incident charges; 
taking the direction of the court of probate for the district of 
Windham therein. 

On the petition of Mary Gold, of Stratford in the county 
of Fairfield, vs. Hezekiah Gold, of Cornwall in the county of 
Litchfield, (clerk,) Thomas Gold of the parish of Reading in 
the town of Fairfield in the county of Fairfield, Abigail Gold 
of said Reading, Agnr Tomlinson of Stratford in the county 



1762.] OP CONNECTICUT. 117 

of Fairfield, Esqr, and Mary his wife, Abraham Tomlinsoii of 
said Stratford and Reliecca his wife, Samuel Curtis of said 
Stratford and Huldah his wife. Levy Hubbard of Guilford in 
the county of New Haven and Anna his wife, Jozeb Stocking 
and Mary Stocking- both of Middleton in the county of Hart- 
ford, as on file : The question was put, whether the prayer 
of said petition should be granted: Resolved by this Assem- 
bly in the negative. Costs allowed respondents is <£8 Qs. 9c?. 
lawful mo7iey. JEx. granted Oct. Qth, 1762. 

On the petition of Ebenezer Fitch, of Norwich in the 
county of New London, vs. Joseph Roach and William Roach, 
both of Nantucket in the county of Nantucket and Province 
[536] II of the Massachusets Bay, as on file : The question 
was put, whether the pleas offered by the respondents in 
al)atement of said petition are sufficient to abate the same : 
Resolved in the affirmative. 

On the petition of James Delopp, of Canterbury in the 
county of Windham, vs. Francis Morse of said Canterbury, as 
on file : The question was put, whether the pleas offered by 
the respondent in abatement of said petition are sufficient to 
abate the same: Resolved by this Assembly in the affirma- 
tive. Co.^t allo'wed respondent is £\ 14.s. Qd. lawful money. 
Ex. granted Jan. 22d, 1768. 

On the petition of Joseph Bishop and Keturah his wife, 
both of Say brook in the county of New London, vs. Abner 
Parker of said Saybrook, as on file : The question was put, 
whether the pleas offered by the respondent in abatement 
of said petition are sufficient to abate the same : Resolved 
by this Assembly in the affirmative. Cost allowed respondent 
is £2 5s. 2d. laufid money. Ex. granted Jan. 3c?, 1763. 

On the ])etition of Mathew Copley jun., of Suffield in the 
county of Hartford, vs. William Utley of Suffield aforesaid, 
as on file : The question was put, whether the prayer of said 
petition should be granted : Resolved by this Assembly in 
the negative. Cost allowed respoiident is £1 XOs. Gd. laiv- 
ful money. Ex. granted Decern. 24:th, 1762. 

On the petition of Lucretia Wells, of Groton in the county 
of New London, vs. Obadiah Coats, of Stonington in said 
county, administrator on the estate of David Coats of said 
Stonington, late deceased, as on file : The question was put, 
whether anything prayed lor in the said i)etitiun should be 
granted : Resolved by this Assembly in the negative Cost 
allowed respondents is £1 18.5. 4d. lawful money. Ex. granted 
March 1 Ith, 1763. 

On the petition of Stephen Lee, of New London in the 



118 PUBLIC RECORDS [October, 

county of New London, vs. Christopher Christophers of said 
New London, Esq"", as on file : The question was put, whether 
in i)roceeding to and rendering the judgment of the superior 
court, mentioned ami referred to in said petition, error hath 
intervened <fec. : Resolved by this Assembly in the negative. 
Cost alloived respondent is £1 14s. Od. lawful money. Ex. 
granted Jan. lUA, 1763. 

On the petition of Nathan Dudley, of Stratford in the 
county of Fairfield, vs. Sealy Squire, of Norwalk in said 
county of Fairfield, as on file : The question was put, whether 
the pleas offered by the respondent in abatement of said pe- 
tition are sufficient to abate the same : Resolved by this 
Assembly in the affirmative. Cost allowed respondent is 
XI los. 8c?. lawful money. Ex. granted Nov. 4th, 1762. 

On the petition of Timothy Hollister, of Glastonbury in the 
county of Hartford, vs. Stephen Hopkins of Nine Partners &c. 
and Joseph Stephens of Glastonbury aforesaid, as on file : The 
question was put, whether the pleas offered in abatement of 
said petition are sufficient to abate the same : Resolved by this 
Assembly in the affirmative. Cost alloived respondents is £1 
lis. 2d. lawful money. Ex. granted Nov. I'lth, 1762. 

On the petition of Lewis Devvolf, Edward Dewolf and Elihu 
Wade, Elisha Wade and Sarali Wade, ail of Lyme in the coun- 
ty of New London, vs. Isaac Hall, Daniel Hall and RufusHall, 
(minors under the age of twenty-one years,) all of Lyme afore- 
said, as on file : The question was put, whether anything 
should be granted on the prayer of said petition : Resolved 
by this Assembly in the negative. Cost allowed respo7ident>s is 
£1 5s. iid. lawful money. 

On the petition of Ichabod Wetmore, of Middlctown in the 
county of Hartford, vs. Samuel Lancelott, of Weathersfield in 
the said county of Hartford, as on file : The question was put, 
wbether in proceeding to and rendering the judgment of the 
superior court referred to in the said petition error hath inter- 
vened, as alledged and complained of by the petitioner : . Re- 
solved by this Assembly in the negative. Cost allowed respond- 
ent is £1 lis. Od. lawful money. 

On the petition of Samuel Eno, one of the inhabitants, and 
the rest of the inhabitants of the town of Windsor in the coun- 
ty of Hartford, vs. Elisha Pratt of Somers in said county of 
Hartford, as on file: The question was put, whether the pray- 
er of said petition should be granted : ResDlved by this As- 
sembly in the negative. Cost alloived respondent is £1 12s. 
Sd. lawful money. Ex. granted Jan. 22d, 1768. 



1762.] OF CONNECTICUT. 110 

On the petition of Elizur Hubbard and Prudence Hubbard, 
of Glastonlmry in the county of Hartford, vs. Mary Mallet and 
Peter Mallet, of Stratford in the county of Fairfield, as on file : 
The question was put, whether the petitioners shall have the 
liberty of another tryal of the several causes referred to in the 
petition, as therein prayed for : Resolved by this Assembly 
in the negative. Cost allotved respondents is £1 12s. Qd. law- 
ful money. 

[537] Resolved by this Asseinhly., That his Honour the 
Governor be desired to send for the Treasurer of this Colony, 
immediately to repair to New Haven with a sufficient sum of 
money to pay off the debenture of this Assembly ; also that he 
bring with him the accounts he was directed by the Assemldy 
in May last to prepare and lay before the Assembly at their 
present sessions. 

This Assembly grants to his Honour the Governor the sum 
of one hundred and fifty pounds, for his salary for the last half 
of the current year. 

This Assembly grants to his Honour the Deputy Governor 
the sum of fifty pounds, for his salary for the last half of the 
current year. 

Ordered, That the Treasurer of this Colony pay out of the 
public treasury unto the Honourable Thomas Fitch, Esq"", 
Governor, the sum of one hundred twenty-four pounds 
seven shillings and ten pence in bills of this Colony, for his 
care and service in drawing bills of exchange from the 17th 
day of October, 1761, to the 30th of September, 1762, for 
monies granted by Parliament belonging to this government 
and lodged in the hands of the Agent in England. 

This Assembly doth grant to Mr. Timothy Green, printer, 
fifteen pounds, for his salary the first half of the current year, 
and the Treasurer is ordered to pay the same accordingly. 

This Assembly appoints John Chester, Daniel Edwards, 
Esqrs, Col. Samuel Talcott and Col. William Pitkin, to attend 
his Honour the Deputy Governor at Hartford, to hear the 
records of the acts and doings of this Assembly publicly read, 
and see the same signed by the Secretary as perfect and com- 
plcat. 

This Assembly was adjourned by proclamation until the 
Governor, or in his absence the Deputy Governor, shall see 
cause to call it to meet again. 

Signed by George Wyllys, Secret'y. 

[End of Volume IX.] 



120 



PUBLIC RECORDS 



[May, 



[Volume X, Page 1.] 

Anno Regni Regu Georgii tertii tertio. 

At a General Assembly of the Governor and Company op 
HIS Majesty's English Colony of Connecticut in New- 
England in America holden at Hartford in said Colony 
on the second Thursday of May (being the twelfth day 
of said month) and continued by several adjournments 
until the eighth day op June next following, annoque 
Domini 1763. 

Present : 

The Hon^'''' Thomas Fitch, Esquire, Governor. 

The Hon'''*^ William Pitkin, Esquire, Deputy Governor. 



Ebenezer Silliman, 
Jonathan Truinble, 
Hezekiah Huntington, 
Andrew Burr, 
John Chester, 
Benjamin Hall, 



Daniel Edwards, 

Jabez Hamlin, 

Matthew Griswold, 1 Esquires 

Shubael Conant, ^ Asshtants. 

Elisha Sheldon, 

Eliphalet Dyer, J 

Representatives or Deputies ivlio attended this Assembly are as 

foHo'W, viz : 
Hartford, Col. Samuel Talcott, Col. William Pitkin jun. 
New Haven, Mr. Daniel Lyman, Mr. Sam' Bishoj3. 
New London, Capt Pygan Adams, Capt. Jeremiah Miller. 
Fairfield, Mr. David Rowland, Mr. David Burr jun. 
Windham, Mr. Sam^ Gray, Mr. Samuel Maning. 
Litchfield, Col. Ebenezer Marsh, Capt. Isaac Baldwin. 
Norwich, Capt. Jabez Huntington, Mr. Isaac Tracy. 
Stamford, Col. Jonathan Hait, Abraham Davenport. 
Torington, Mr. John Cook, Mr. Epaphras Sheldon. 
Brandford, Mr. Josiah Rogers. 

New Milford, Mr. Bushnel Bostwick, Mr. Sam^ Bostwick. 
Guilford, Mr. Samuel Robinson, Mr. Nath' Hill. 
Farmington, Mr. Solomon Whitman, Capt. John Strong. 
Milford, Capt. John Fowler, Mr. Robert Treat, 
Sufiield, Capt. Sam' Kent jun., Mr. William King. 
Windsor, Mr. William Wolcott, Capt. Josiah Bissell. 
Voluntown, Mr. John Gordon, Mr. Robert Jameson. 
Kent, Mr. Cyrus Marsh, Mr. Nathan Elliot. 
Haddam, Mr. Hezekiah Brainerd. 
Colchester, Mr. Daniel Foot, Mr. John Hopson. 
Stafford, Capt. Isaac Pinney, Mr. Samuel Davis. 
Killinworth, Capt. Theophilns Morgan, Mr. Benjamin Gale. 
Tolland, Capt. Zebulon West, Capt. Samuel Chapman. 
Goshen, Capt. Moses Lyman, Capt. Samuel Nash. 



1763.] OP CONNECTICUT. 121 

Derby, Capt. Sam' Basset, Mr. Joseph Hull jiin. 

Salisbury, Mr. Johu Everts, Capt. James Laudon. 

Harwinton, Mr. Daniel Catling. 

New Hartford, Capt. Isaac Kellogg, Mr. Martin Smith. 

Stratford, Colo. Robert Walker, Capt. Ichabod Lewis. 

Norwalk, Mr. Thomas Fitch jun., Mr. I'eter Lock wood. 

Lyme, Mr. Johu Lay 2d, Mr. Samuel Holden Parsons. 

Hebron, Mr. Benjamin Buell. 

[2] Woodbury, Mr. Daniel Sherman, Capt. Increase Moseley. 

Sharon, Capt. John Williams, Capt. Caleb Jewet. 

Woodstock, Capt. Nehemiah Lyon, Mr. Eben"" Smith jun. 

Killingly, Mr. Bryant Brown, Mr. Ebenezer Learned. 

Asliford, Mr. Amos Babcock, Mr. Ezra Smith. 

Coventry, Mr. Phineas Strong, Mr. Ephraim Root. 

Endfield, Capt. Joseph Olmstead, Mr. Edward Collins. 

Mansfield, Mr. Benjamin Chaplin, Mr. Jonathan "Gurley. 

Canaan, Colo. David Whitney, Capt. Charles Burrell. 

Wallingford, Mr. Charles Whittlesey, Capt. Samuel Hull. 

Bolton, Capt. Benjamin Talcott, Mr. Stephen Cone. 

(,'Ornvval, Mr. Thomas Russell, Mr. Joshua Pierce. 

Danl)ury, Capt. Daniel Benedict, Mr. Joseph Piatt Cook. 

Weathersfield, Capt. Elisha Williams, Capt. Thomas Belding. 

Pomfret, Colo. Ebenezer Williams. 

Stoniiigton, Capt. Joseph Denison, Mr. Simeon Minor. 

Saybrook, Mr. John Shipman, Major Jedediah Chapman. 

Glastonbury, Mr. John Kimberly, Mr. William Welles. 

Lebanon, Capt. Joshua West, Mr. William Williams. 

Groton, Colo. Christopher Avery, Capt. Jabez Smith. 

Waterbury, Capt. Timothy Judd, Mr. Stephen Upson jun. 

Symsbury, Mr. Hezekiah Humphry, Capt. John Case. 

Preston, Mr. Joseph Kinnee, Capt. John Tyler. 

Ridgfield, Mr. Timothy Keeler. 

Plainfield, Capt. Isaac Ooit, Captain John Douglass. 

Canterbiiry, Mr. John Curtiss, Capt. Obadiah Johnson. 

New Town, Mr. Daniel Booth, Capt. Amos Botsford. 

Sommers, Mr. Joseph Sexton. 

Midletown, Mr. Seth Whetmore, Mr. Mathew Talcott. 

Durham, Colo. Eliliu Chauncey, Capt. James Wadsworth. 

Greenwich, Capt. Jabez Sherwood. 

East Haddam, Colo. Joseph Spencer. 

Capt. Jaljez Huntington, Speaker | of the House 
Mr. Abraham Davenport, Clerk ) of Representatives. 
[3] This day being appointed by the royal charter and the 

laws of this Colony for the Election of the public officers of said 

Colony, viz : Governor, Deputy Governor, Assistants, Treasurer 

16 



122 PUBLIC RECORDS [May, 

and Secretary, proclamation was made, and then the votes of 
the freemen were given in to the persons appointed by the 
Governor, Council and Representatives, to receive, sort and 
count them ; which persons so appointed were, Jonathan 
Trumble, Hezekiah Huiitington, John Chester, Benjamin 
Hall, Daniel Edwards, Jahcz Hamlin, Mathew Griswol i, Shu- 
bael Conant, Elisha Sheldon, Eliphalet Dyer, Esqfs, Colonel 
Samuel Talcott, Mr. William Wolcott, Mr. Samuel Bishop, 
Capt. James Wadsworth, Mr. Simeon Minor, Capt. Jeremiah 
Miller, Mr. David Burr, Mr. Thomas Fitch jun., Mr. John 
Curtice, Mr. Samuel Gray, Colo. Elienezer Marsh and Mr. 
Cyrus Marsh, who were all sworn to a faithful discharge of 
that trust. And the freemen's votes being brought in, sorted 
and counted. 

The Honi^'e Thomas Fitch, Esq"", is chosen Governor of 
this Colony for the year ensuing. 

The Hon^ie William Pitkin, Esq"", is chosen Deputy Gover- 
nor of this Colony for the year ensuing. 

Ebenezer Silliman, Esq"", Jonathan Truml)le, Esqf, Heze- 
kiah Huntington, Esq^", Andrew Burr, Esq"", John Chester, 
Esq"", Benja. Hall, Esq"", Daniel Edwards, Esq"", Jabez Ham- 
lin, Esqr, Mathew Griswold, Esq^ Shubael Conant, Esq', 
Elisha Sheldon, Esq"", Eliphalet Dyer, Esq"", were chosen 
Assistants for the year ensuing. 

Joseph Talcott, Esq"", is chosen Treasurer of this Colony 
for the year ensuing. 

George Wyllys, Esq"", is chosen Secretary of this Colony for 
the year ensuing. 

The Governor's oath prescribed l)y the law of this Colony 
and the oath required by act of Parliament, relating to Trade 
and Navigation, were administered in presence of this Assem- 
bly by the Hon^'f William Pitkin, Esq'", Deputy Governor, to 
the Hon'j'e Thomas Fitch, Esq'", now chosen Governor. 

The Hon''''^ William Pitkin, Esq'", now chosen Deputy Gov- 
ernor, had the Deputy Governor's oath, prescribed by law, 
administered to him by his Honor the Governor in tlie pre- 
sence of the Assembly. 

The Assistant's oath, prescribed by law, was administered 
by his Honor the Governor to Ebenezer Silliman, Jonathan 
Trumble, Hezekiah Huntington, Andrew Burr, John Chester, 
Benjamin Hall, Daniel Edwards, Jabez Hamlin, Matliew Gris- 
wold, Shubael Conant, Elisha Sheldon and Eliphalet Dyer, 
Esq^'s, now chosen Assistants. 

The Treasurer's oath, prescribed by law, was administered 
by his Honor the Governor to Joseph Talcott, Esq'", now 
chosen Treasurer. 



1763.] OF CONNECTICUT. 123 

The Secretary's oath, prescribed by law, was administered 
by his Honor the Governor to George Wyllys, Esq"", now 
chosen Secretary, in the presence of the Assembly. 

Ordered, That Shubael Conant and Samuel Gray, Esqf^ 
return the thanks of this Assembly to the Reverend Mr. 
Stephen White, for his sermon delivered before this Assem- 
bly on the 12tli instant, and desire a copy thereof that it may 
be printed. 

This Assembly do appoint the Hon^^^ William Pitkin, 
Esq"", to be Chief Judge of the, Superior Courts in this Col- 
ony the year ensuing. 

This Assembly do appoint El)enezer Silliman, Esq^, Daniel 
Edwards, Esqf", Benjamin Hall, Esq"", and Robert Walker, 
Esq"", to be Judges of the Superior Courts in this Colony the 
year ensuing. 

This Assembly do appoint Jabez Hamlin, Esqi'jto be Judge 
of the County Courts in and for the county of Hartford the 
year ensuing. 

[4] This Assembly do appoint Roger Newton, Esq"", to be 
Judge of the County Courts in and for the county of New 
Haven the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq"", to 
be Judge of the County Courts in and for the county of New 
London the year ensuing. 

This Assembly do appoint Andrew Burr, Esq"", to be Judge 
of the County Courts in and for the county of Fairfield the 
year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq"", to be 
Judge of the County Courts in and for the county of Wind- 
ham the year ensuing. 

This Assembly do appoint John Williams, Esq^, to be Judge 
of the County Courts in and for the county of Litchfield the 
year ensuing. 

This Assembly do appoint Daniel Edwards, Esq"", to be 
Judge of the Court of Probate for the district of Hartford 
the year ensuing. 

This Assembly do appoint John Hubbard, Esq"", to be Judge 
of the Court of Probate for the district of New Haven the 
year ensuing. 

This Assembly do appoint Gurdon Saltonstall, Esq"", to be 
Judge of the Court of Probate for the district of New Lon- 
don the year ensuing. 

This Assembly do appoint Andrew Burr, Esq% to be Judge 
of the Court of Probate for the district of Fairfield the year 
ensuing. 



124 PUBLIC RECORDS [May, 

This Assembly do appoint Jonathan Trumble, Esq"", to be 
Judge of the Court of Probate for the district of Windham 
the year ensuing. 

This Assembly do appoint Jabez Fitch, Esq'", to be Judge 
of the Court of Probate for the district of Plainlield the year 
ensuing. 

This Assembly do appoint Timothy Stone, Esq"", to be Judge 
of the Court of Probate for the district of Guilford the year 
ensuing. 

This Assembly do appoint Daniel Sherman, Esq"", to be 
Judge of the Court of Probate for the district of Woodbury 
the year ensuing. 

This Assembly do appoint Jonathan Hoit, Esq"", to be Judge 
of the Court of Probate for the district of Stamford the year 
ensuing. 

This Assembly do appoint Joseph Spencer, Esq"", to be Judge 
of the Court of Probate for the district of East Hadam the 
year ensuing 

This Assembly do appoint Ebenezer Marsh, Esq^ to be 
Judge of the Court of Probate for the district of Litchfield 
tlie year ensuing. 

This Assembly do appoint Thomas Benedict, Esq"", to be 
Judge of the Court of Probate for the district of Danbury 
the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq"", to 
be Judge of the Court of Probate for the district of Norwich 
the year ensuing. 

Tliis Assembly do appoint Jabez Hamlin, Esq"", to be Judge 
of the Court of Probate for the district of Midletown the 
year ensuing. 

This Assembly do appoint Ebenezer Williams, Esq"", to be 
Judge of the Court of Probate for the district of Pomfret 
the year ensuing. 

This Assembly do appoint John Williams, Esq^ to be Judge 
of the Court of Probate for the district of Sharon the year 
ensuing. 

This Assembly do appoint ZebulonWest, Bsq^jto be Judge 
of the Court of Probate for the district of Stafford the year 
ensuing. 

This Assembly do appoint William Wolcott, Zebulon West, 
Seth Wetmore and Samuel Talcott, Esquires, Justices of the 
Peace and Quorum for the county of Hartford the year ensu- 
ing. 

[6] This Assembly do appoint Thomas Wells, Phineas 
Lyman, Joseph Talcott, George Wyllys, Thomas Hosmer, 



1763.] OP CONNECTICUT 125 

John Ledyard, Jonathan Hills, Thomas Seymour, Daniel Bis- 
sell, Samuel Eno, Erastns Wolcott, Josiah Bissell, Eliznr 
Goodrich, Jonathan Bclding, Elisha Williams, Joseph White, 
Joseph Southmayd, Nathaniel Chauncey, Mathew Talcott, 
Joseph Hooker, John Hooker, Solomon Whitman, Hezekiah 
Gridley, Jared Lee, Joseph Hart, John Strong, John Owen, 
Judah Holcomb, Hezekiah Humphrey, Jona. Pettibone, Sam- 
uel Kent jun., Hezekiah Brainerd, Joseph Wells, Joseph 
Spencer, Daniel Cone, Daniel Brainerd jun., Jonathan flale, 
John Kimberly, William Wells, Epaphras Lord, John Wat- 
rous, John Phelps, Alexander Phelps, Thomas Pitkin, Elisha 
Steel, Abner Barker, Isaac Pinney, Samuel Reynolds, Eph- 
raim Terry, John Pitkin, Daniel Foot, Esq", to be Justices 
of the Peace for the county of Hartford the year ensuing. 

This Assembly do appoint Joseph Fowler, Esq^, a Justice 
of the Peace for the county of Hartford the year ensuing. 

This Assembly do appoint John Hubbard, Esq^, Elihu 
Chauncey, Esq"", Timothy Stone, and Thomas Darling, Esqrs, 
Justices of the Peace and Quorum for the county of New 
Haven for the year ensuing. 

Tbis Assembly do appoint Samuel Sherman, John Whiting, 
Samuel Sacket, Daniel Lyman, Roger Newton, Robert Treat, 
Nathan Baldwin, Joseph Woodruff. John Fowler, Samuel Bas- 
sett, Samuel Riggs, Timothy Russell, Daniel Holbrook, 
Charles French, Tbomas Clark, Thomas Mathews, Joseph 
Hopkins, Caleb Humniiston, Samuel Hall, Jobn Hall 2d, Elihu 
Hall, Ezekiel Rice, Caleb Merriman, Charles Whittlesey, 
James Wadsworth jun., Tbeophilus Roseter, Samuel Robinson, 
Nathaniel Ruggles, John Grave, Nathaniel Hill, Jonathan 
Russell, Samuel Barker, Josiah Rogers, James Barker, Wil- 
liam Hoadly, Samuel Hemingway, Esq^^ Justices of the 
Peace in and for the county of New Haven for the year 
ensuing. 

This Assembly do appoint John Griswold, Esq^, Christopher 
Avery, Esq"", Isaac Huntington, Esq^, Richard Lord, EsiY, 
Pygan Adams, Esq"", Justices of the Peace and Quorum for 
the county of New London for the year ensuing. 

This Assembly do appoint John Richards, Daniel Coit, Wil- 
liam Hilhouse, Jeremiah Miller, Ebenezer Bachus, Jabez 
Huntington, William Wliiting, Jacob Perkins, Ebenezer Harts- 
horn, Humphry Avery, Simon Tracy jun., Luke Perkins, 
William Williams, Nathan Smith, Ebenezer Avery, Joseph 
Deuison, Samuel Prentice, Amos Cheesbrougli, John Williams, 
Samuel Morgan, Samuel Coit, William Whitter, Nathaniel 



126 PUBLIC RECORDS [May, 

Clark, Jedediah Chapman, John Tulley, Hezekiah Whittlesey, 
Ehiathan Stephens, Joseph Wilcocks, Benjamin Gale, Aaron 
Elliot, Samuel Ely, John Lay 2d, Benjamin Lee, George Dorr, 
Samuel Selden, Esquires, Justices of the Peace in and for the 
county of New London for the year ensuing. 

This Assembly do appoint Jonathan Hoit, David Rowland, 
Samuel Fitch, John Read. Esquires, Justices of the Peace and 
Quorum for the county of Fairfield for the year ensuing. 

This Assembly do appoint Robert Walker, Robert Fair- 
child, Agur Tomlinson, Samuel Adams, Ichabod Lewis, 
Theophilus Nichols, James Walker, William Burr, David Burr 
jun., Moses Dimon, Samuel Sherwood, Joseph Piatt, Elias 
Betts, Theophilus Fitch, Thomas Fitch jun., Jonatlian Maltl)ie, 
Abraham Davenport, John Ferriss. Peter Mead, Samuel 01m- 
stead, Samuel Smith the third, Thomas Benidict, Samuel 
Grigory, Comfort Starr, Epliraim Hubbel, Caleb Baldwin, 
Ricliard Fairman, Thomas Brush, Thomas Benedict jun., 
Esquires, Justices of the Peace in and for the county of Pair- 
field for the year ensuing. 

This Assembly do appoint Sliubael Conant, Esq^, Justice 
of Quorum for the county of Windham for the year ensuing. 

This Assembly do appoint John Dyer, Jabez Fitch and 
Joshua West, Esq^s, Justices of the Peace and Quorum for 
the county of Windham for the year ensuing. 

This Assembly do appoint Jonathan Huntington, Nathan- 
iel Huntington, Samuel Gray, Jedediah Elderkin, Nathaniel 
Wales jun., Joseph Clark, William Metcalf, William Williams, 
Joseph Storrs, Joseph Strong jun., Phineas Strong, Samuel 
Huntington (of Canterbury,) John Curtiss, Benjamin Wheeler, 
Samuel Danielson. .Jacob Dresser, Thomas Moffit, Timothy 
Sabin, Ebenezer Williams, William Osgood, Thomas Williams, 
John Grosvener, Samuel Chandler, Ebenezer Smith jun., 
Nathaniel Child, Ebenezer Wales, Elijah Whiton, John Smith, 
Robert Dixson, Jeremiah Keeney, Isaac Coit, Esquires, 
Justices of the Peace for the county of Windham for the year 
ensuing. 

[6] This Assembly do appoint Colo. Ebenezer Marsh, 
Increase Mosely, Daniel Sherman, Bushnel Bostwick, Esquires, 
Justices of the Peace and Quorum for the county of Litchfield 
for the year ensuing. 

IMiis Assembly do appoint John Williams, Timothy Collins, 
Jacob Woodruff, Isaac Baldwin, Daniel Everit, Elisha Stod- 
dard, Benjamin Hinman, Tilley Blakely, Paul Welch, John 
Ransom, Daniel Lee, Nathan Eliott, Daniel Griswold of 



1763.] OP CONNECTICUT. 127 

Sharon, James Landon, John Hutchinson, David Wliifncy, 
John Bebee, John Beacli, Samuel Pettibone, Moses Lyman, 
John Patterson, Thomas Russell, Cypriau Webster, A!)ijah 
Catling, Isaac Kellogg, Mathevv Gillit, John Cook, Epaphras 
Sheldon, Michael Hiunphry and Samuel Bostwick, Esquires, 
Justices of the peace for the county of Litchlield for the year 
ensuing. 

An Act for Relief of Insolvent Debtors ■who are "willing- to make Dis- 
covery of and deliver upon Oath their Estates for their Creditors' 
Benefit, and to release such Debtors from Imprisonment. 

Whereas provisions for the ease and relief of sr.ch debtors 
who shall be willing to satisfy their creditors to the utmost of 
their power may likewise prove for the benefit of such 
creditors by preventing such debtors from wasting their estates, 
which ought to be applied towards payment of their debts, 
and avoiding many inconveniences that often happen to 
creditors and debtors in cases of insolvency : Therefore, 

Bf it enacted by the Governor, Gou7icil and Representatives, 
in General Court assemhled, and hy the authority of the same. 
That any person or persons who heretofore have been or 
hereafter shall be arrested at the suit of any creditor or credi- 
tors, or charged in executions for any sum or sums of money 
and thereon confined in gaol, who is, are or shall be willing 
to pay and satisfy their creditors so far as they are able, and 
to give up his, her or their estate or estates for tlie benefit of 
his, her or their creditors to be distributed among them in 
discharge of their debts as far as the same will extend, may 
exhil>it a petition to the superior courts, or to the judges of said 
court in the vacation, or any two of them, certifying the cause 
of his, her or their imprisonment, setting fortli a just and true 
account of all the sums of money owing by him, her or them, 
and of the persons to whom, and also a true and compleat in- 
ventory of all his, her or their estate or estates, both real and 
personal, in law and equity, and books, bonds, notes and 
securities relating to the same or any part thereof, except the 
necessary wearing apparrel and bedding of sucli debtor or 
debtors and of his and their several wives and children, and 
praying for the relief provided in this act ; and thereupon the 
said court, judges, or any two of them, are hereby impowered 
to administer to such debtor or debtors an oath to the effect 
following: 

You A. B. do solemnly swear by the Everliving God, that 
the petition by you presented doth contain a just and true 
account of all the monies ov.ing by you, of the persons to 
whom, and of all your estate real or personal both in law and 
equity, either in possession, reversion or remainder, to the best 



128 PUBLIC RECORDS [May, 

of your knowledge and remembrance, except the necessary 
wearing api)arrel and bedding of yourself, your wife and chil- 
dren, and tliat you have not at any time before or since yoiu' 
imprisonment, directly or indirectly, sold, conveyed, made 
over or otherwise disposed of, either in trust for yourself or 
otherwise than is mentioned in the same account, any part of 
your lands, estate, goods, stock, money, debts, or otber real 
and personal estate, whereby to have or receive any benefit or 
profit to yourself or your family, or with any view or design 
to deceive, injure or defraud any of your creditors: So help 
you God. 

Wbich oath being taken by such debtor or debtors, the said 
court, judges, or any two of them, being satisfied of tlie truth 
tliereof shall make a rule or order that tlie creditor or creditors 
at whose suit such prisoner or prisoners shall stand com- 
mitted shall be summoned to appear at time and place by said 
court, judges, or any two of them, appointed for hearing and 
examining the matter of such petition ; and a copy of such 
rule and order shall be served on such creditor or creditors, 
or the attorney last employed by him or them, or left at their 
respective dwelling-houses or usual places of abt)de, twenty 
days at least before said day for hearing as aforesaid ; and 
also notice shall thereupon be given by such debtor or debtors 
to all their creditors, by advertising the same in one or more 
of the public news-papers, to shew cause by the day appointed 
as aforesaid, why an assignment of the estate of such debtor 
or debtors should not be made and the debtor or debtors there- 
upon discharged from his, her or their imprisonment ; at 
[7] which day if the || creditors do not shew sufficient cause 
to the contrary tliereof, the said court, judges, or any two of 
them, shall direct a legal grant, conveyance and a short 
assignment of such debtor or debtors' estate or estates, both 
in law or equity, to be made by liim or them to such persons 
as the said court, judges, or any two of them, shall appoint 
for that purpose, and the same shall thereby vest in the as- 
signees so appointed according to the estate and interest the 
prisoner had therein, and they may take possession and sue 
for the recovery of the same, and no release of such prisoner, 
his executors or administrators, or any trustee for him subse- 
quent to such assignment and conveyance, shall be pleadable 
in bar of any action or suit which shall be commenced by such 
assignees for any of the prisoner's estate, debts or effects ; 
and upon such assignment and conveyance being executed, 
the prisoner shall be dischai'ged out of custody by rule or 
order of the said court, judges, or any two of them ; and such 



176-3.J OF CONNECTICUT. 120 

rule or order being produced to and copy thereof left witli the 
sheriff or gaoler shall be a sufficieut warrant to him to dis- 
charge such prisoner. 

And be it further enacted h^ the authority/ aforesaid, That 
such assignees shall have power and authority to sell and dis- 
pose of the estate of such debtor or debtors and to execute 
good and sufficient deeds of the same, to redeem all mort- 
gages and conditional contracts, and to recover all monies, 
goods, chattels, effects and estates whatsoever, belonging to 
such debtor or debtors, in their own names, to and for the use 
of the creditors, and shall have full power and authority to 
submit any dispute conceruing any part of such estate, effects, 
or any matter or thing relating tliereto, or in respect of any 
debt claimed to be due to such prisoner to the final determin- 
ation of arbitrators chosen by the assignees and the ]iarty or 
parties with whom any such difference shall be, or otherwise 
settle and agree the matter as such assignees shall think fit 
and can agree, and the same shall be binding to all concerned; 
and the assignees indemnified for what they shall faithfully 
and justly do in the premises. And in all cases where mut- 
ual credit shall have been given between such prisoner and 
any other person before the delivery of the petition and inven- 
tory of such prisoner's estate and effects upon oath as before 
directed, the assignees shall on their part state and allow an 
account between them, and nothing more shall be deemed as 
the estate and effects of such prisoner than what shall appear 
to have been due and coming to him on the balance of such 
account ; and the assignees shall proceed to convert the estate 
of such del:)tor or debtors into money as soon as conveniently 
may be, and shall within a reasonable space of time, not ex- 
ceeding twelve months, proceed to make a division of all the 
money that shall come to their hands out of the estate of 
such debtor or debtors, first giving sufficieut notice of the 
time and place of making such dividend by advertising the 
same in one or more of the public news-papers ; and shall, in 
like manner and upon like notice given, make a second divi- 
dend of what money may come to their hands or be recovered 
and received l)y them after the first division, if the whole 
estate shall not be settled at that time, and so from time to 
time until a final settlement thereof and a full, just and equal 
division made of the whole of such estate. 

A^id be it further enacted bij the anthority aforesaid, That 
the assignees shall, before any dividend be made, appoint a 
day and time at least one month before any dividend be made 
of such estate, by advertising the same in one or more of the 

17 



130 PUBLIC RECORDS [May, 

public news-papers, for a general meeting of all such credit- 
ors as sliall see fit to attend, to examine and ascertain the 
debts due to each creditor ; and in case of any controversy 
relating to any debt or sum of money due to any creditor, 
the same shall be settled by arbitrators, not being creditors, 
and mutually chosen by the assignees and the creditor or 
creditors with whom such dispute doth arise, who shall finally 
settle such controversy and ascertain the sum due to such 
creditor. And in case any creditor upon such controversy 
arising shall refuse to join in the nomination and appointment 
of arbitrators, the assignees are hereby impowered to nomin- 
ate and appoint them. 

And be it further enacted hy the authority aforesaid^ That 
such assignees shall, immediately upon the assignment of 
such debtor or debtors to them made as aforesaid, take an 
oath, to be administered by the said court, judges, or any one 
of them, well and faithfully to manage the estate of such 
debtor or debtors as shall come to his or their hands, and 
shall for that purpose keep regular books of accounts for 
their receipts and disbursements of such debtor or debtor's 
estate, to which every creditor at all seasonable times may 
have recourse. And the said assignees shall be allowed for 
[8] their service || such a consideration as the creditors and 
they shall agree and fix upon or the said court, judges, or 
any two of them, shall think meet, out of the money receive^ 
by them, before the division of said estate be made. 

And he it further enacted hy the authority aforesaid, That 
for the more full discovery of the goods, chattels, debts, 
effects and estate of any such debtor or debtors, the said 
court or judges, or any one of them, upon application made 
to them or either of them by such assignees, shall have full 
power and authority to examine the wives of every such 
debtor or debtors, and all and every other person or persons 
whatsoever known or suspected to detain any of the estate or 
to be indebted to such debtor or debtors, and to summon them 
or any of them for that purpose ; and in case they or any of 
them refuse to attend upon such summons, having no reason- 
able excuse, or shall refuse to be sworn, that then it shall 
and may be lawful for the said court, judges, or any one of 
them, to commit such person or persons to gaol, there to 
remain until said person shall submit to be examined in man- 
ner aforesaid touching the effects of such debtor or debtors. 

And he it further enacted by the authority aforesaid, That 
if any creditor or creditors of such debtor or debtors shall 
neglect or refuse to give notice of and prove his or their 



1763.] OP CONNECTICUT. 131 

debts in manner herein before directed, within the time 
herein before mentioned for the first dividend to be made, 
such creditor so neglecting or refusing sliall lose his share of 
such dividend, and the assignees shall be discharged of and 
from the same by this act ; and the whole money shall be divided 
to and among the other creditors who shall have proved their 
debts pursuant to the intention of this act. But in case the 
whole estate of such debtor or debtors shall not be settled 
and divided at the time of the first dividend, and such 
neglecting and refusing creditor shall prove and notify the 
assignees of such debt before the time appointed for the sec- 
ond, then and in such case such creditor shall have his first div- 
idend, or so much money as he would have been intituled unto 
on tiie first dividend, if his debt had been proved before any 
second dividend be made among the creditors; after which 
second dividend made no creditor shall be permitted to prove 
any debt in order to entitle to a share of the debtor's estate, 
but shall by this act be debarred of and from any share of 
the same. 

And be it further enacted by the authority aforesaid^ That 
every such debtor or debtors giving up his, her or their estates, 
as aforesaid, and conforming in all things as in and by this 
act is directed, shall be discharged from all debts owing by him, 
her or them, at the time of the assignment made ; and if he. 
she or they be prosecuted for any debt due before he, she or 
they shall be discharged upon common bail, and shall and 
may plead in general, that the cause of action accrued 
before his, her or their discharge by virtue of this act ; and 
shall and may give this and the special matter in evidence ; 
and if a verdict pass for the defendant, or the plaintiff 
become non-suit, or judgment be given against the plaintiff, 
the defendant shall recover his cost. 

And be it further enacted by the authority aforesaid^ That 
if such prisoner shall deliver a false or untrue account, or 
shall designedly conceal and not insert therein any books, 
papers, securities or writings relating to his estate or estates, 
with intent to defraud his creditoi-s, and shall be thereof con- 
victed on any indictment found against him, he shall suffer 
the pains and penalties of wilfull perjury. 

Provided ahvays, and be it further enacted by the authority 
aforesaid, That all and every sum and sums of money which 
are and shall be due and owing from such debtor or debtors 
to the Governor and Company of this Colony, or to the 
Treasurer thereof for taxes or duties, shall not be subject and 
liable to a distribution as in cases of other creditors, but the 



132 PUBLIC RECORDS [May, 

whole of such debt, sum and sums of money shall be first 
paid by such assignees out of the estate of such debtor or 
debtors before any dividend shall be made thereof, and tiic 
overplus after deducting such debts, as also after deducting 
all such cost, charges and expences as shall be necessarily 
laid out and expended by the said assignees, together witii 
their allowances for the care and trouble therein, and all cost 
of suit, })rison and gaol fees against such debtor or debtors, 
shall be divided and distributed to and among the creditors 
of such debtor or debtors, in due and equal proportion to 
their respective debts to them due and owing, in which dis- 
tribution and division no preference shall be given to debts 
due by specialty, or to any judgment entered against such 
debtor or debtors. 

[9 J Provided always^ and he it hereby enacted hy the 
authority aforesaid^ That if any person or persons shall be 
sued or prosecuted by any action, bill, plaint or information, 
for anything done and to be done by him or them in prose- 
cution of this act, it shall and may be lawful to and for such 
person or persons to plead the general issue and give this act 
and the special matter in evidence. 

Provided always.^ and be it further enacted by the authority 
aforesaid. That in case the estate of such debtor or debtors 
shall be more than sufficient to pay all his or their debts and 
all costs and charges attending the assignment of the same 
in pursuance of this act, that then the remainder of the 
money or estate, after payment of the creditors and all cost 
and charges as aforesaid, shall be paid by the assignees to 
such debtor or debtors, his, her or their executors or adminis- 
trators. 

Provided nevertheless, That if it shall appear upon such in- 
quiry by said court, or any two of them as aforesaid, that any 
such debtor's estate shall not be sufficient to answ^er more 
than at the rate of fifteen shillings upon the pound of his 
debts, and the creditor or creditors shall desire to have such 
debtor in service, it shall be in the power of said court, or any 
two of them, at their discretion to make an assignment of such 
debtor to his creditor or creditors, to serve for such time and 
term as shall be thought just and reasonable for satisfaction 
of his debts, not exceeding seven years ; which assignment 
and binding shall be sufficient in law for holding such debtor 
in service ; anything in this act to the contrary notwithstand- 
ing. 

That this act shall continue and be in force for the term of 
two years from the rising of this Assembly, and no longer : 



1763.] OF CONNECTICUT. 133 

Provided notwithstanding, that the same shall continue and 
be in fnll force as to the powers and authorities in all cases 
that shall be begun within said two. years until a full and final 
settlement and division shall be made according to the true 
intent and meaning of this act. 

An Act in Addition to an Act entitulod An Act for the equal Division and 
Distribution of Insolvent Estates. 

Whereas it is in the second paragraph of said act (among 
other things) provided, that the judge of probate shall allow 
six, twelve or eighteen months, for the creditors to bring in 
their claims and prove their debts ; and whereas it often hap- 
pens that not only that the estates of persons deceased -are 
found to be very small, but their dealings also to have been 
very small and contracted, so that little time is needed to set- 
tle them, 

It u thereupon enacted, That the judges of probate in their 
respective districts within this Colony may hei'eafter appoint 
and limit for such purpose such shorter time, (not less than 
two months.) as the circumstances of the case may admit of ; 
said former act notwithstanding. 

An Act in Addition to an Act entituled An Act for preventing-, punishing 
and removing Nuisances in Creeks, Rivers and "Water Courses. 

Be it enacted hy the Governor, Council and Representatives, 
in Creneral Court assembled, and In/ the authority of the same, 
That no seine shall be drawn in Windsor Ferry River within 
one mile from the mouth thereof, nor within a quarter of a 
mile below the mouth thereof, only in the day time between 
the rising aud setting of the sun. And every person or per- 
sons that is convicted of the lireach of this act shall forfeit the 
sum of ten pounds, the one half to the complainer who shall 
prosecute to effect, and the other half to the county treasurer 
where the offence is committed. This act to be in force three 
yeai-s next after the rising of this Assembly, and no longer. 

An Act for repealing one Part or Paragraph of the Law entituled An i* ct 

in Addition to the Law of this Colony entituled An Act for forming 

and regulating the Militia and the Encouragement of 

Military Skill for the better Defence of 

this Colony. 

Whereas in said act it is enacted that the chief officer in 
every troop shall cause the arms and ammunition of all under 
his command, and the chief ol^cer of every company of foot 
shall cause the aims and ammunition of all under his com- 
mand and also all others dwelling within the limits of his 
comj)any, to be viewed not only on the first Monday of May, as 
in said act is already provided, but also in the same manner 
shall cause the same to be viewed on the first Monday of 
[10] October annually : || It now being thought not neces- 
sary to view the arms and ammunition of those obliged to keep 



134 PUBLIC RECORDS [May, 

arms &c. oftner than once every year, except in case of spec- 
ial order from the colonel or chief officer of the regiment to 
which they belong. 

Be it therefore enacted by the Governor, Council and Rep- 
resentatives, in General Court assembled, and by the authority 
thereof, That the said paragraph or such part tliereof as re- 
lates to the viewing of arms and ammunition on the first Mon- 
day of October annually be repealed, and the same is hereby 
repealed and made void. 

Whereas the exigences and emergencies of government at 
this time, for payment of the officers and men for their ser- 
vice in the last campaign, and other expences of the Colony, 
require a speedy and considerable supply of the treasury : 
Therefore, 

Be it enactedhy the Governor, Council and Bepresentatives, 
in General Court assembled, and by the authority of the same, 
That there be forthwith imprinted the sum of ten thousand 
pounds in bills of credit on tliis Colony, equal to lawful mon- 
ey, of suitable denominations from five shillings to forty shil- 
Ihigs, as the committee herein appointed shall direct, of the 
same tenor of the emissions of bills of credit with interest at 
£5 percent, per annum, and payable at or before the first day 
of May, 1765, and dated the day of the sessions of this As- 
sembly. And the Hon'^'e William Pitkin, Esq"", John Ches- 
ter, Daniel Edwards and George Wyllys, Esq'% or any three 
of them, are appointed a committee lor the purpose aforesaid, 
and take care that said bills be printed with all convenient 
speed, and to sign and to deliver the same to the Treasurer, 
taking his receipt therefor, and the said committee be sworn 
to a faithful discharge of their said trust. And the Treasur- 
er is hereby directed to pay out all the aforesaid bills of cred- 
it with the interest computed thereon according to the orders 
of this Assembly. 

And for providing and establishing an ample and sufficient 
fund, to call in, sink and discharge the aforesaid sum of ten 
thousand pounds, according to act of Parliament made in the 
twenty-fourth year of the reign of his late Majesty King George 
the second, entituled An act to regulate and restrain paper bills 
of credit in his Majesty's Colonies of Rhode Island and Provi- 
dence Plantations, Connecticut, the Massachusetts Bay and 
New Hampshire in America, and to prevent the same being 
legal tenders in payment of money, — a tax of two pence on 
the pound is hereby granted and ordered to be levied on all 
tlie polls and rateable estate in this Colony according to the 
list thereof to be brought into this Assembly in October, 1763, 



1763.] OP CONNECTICUT, 135 

with the additions ; which shall be collected and paid into the 
treasury of this Colony by the last day of December, 1764 ; 
which tax may be discharged by paying the bills emitted by 
this act or lawful money, and no otherwise ; and the Treasur- 
er is hereby directed to send forth his warrants accordingly. 

Be it further enacted^ That a rate or tax of one penny on 
the pound be and is hereby granted and ordered on the polls 
and rateable estate in this Colony according to the list 
brought in to this Assembly in October last with the addi- 
tions, to be collected and paid by the last day of December 
next in lawful money or bills of credit of this Coluijy ; and the 
Treasurer is hereby directed to send forth his warrants accord- 
ingly. 

This Assembly do appoint and impower Richard Jackson of 
Inner Temple, London, Esqf, Agent and Attorney for the 
Governor and Company of this Colony, to receive all such 
money as is granted Ijy Parliament and is or may be distrib- 
uted and ordered to be paid this Colony on account of the ser- 
vices done in obedience to his Majesty's command in the year 
1761, and accordingly give his receipt therefor. And it is 
hereby ordered, that a proper instrument of procuration or let- 
ter of attorney be made in the name of said Governor and 
Company, under the public seal and signed by the Governor 
and k^ecretary of this Colony, fully impowering said Richard 
Jackson, Esq"", for the purposes aforesaid. 

Resolved by this Assembly, That Richard Jackson of Inner 
Temple, London, Esq"", Agent for this Colony, who is impow- 
ered to receive all such money as is granted by Parliament 
and is or may be distributed and ordered to be paid this Col- 
ony on account of the services done in obedience to his Maj- 
esty's command in the year 1761, be and he is hereby direct- 
ed on receipt of the same to lodge it in some secure bank in 
London for safety, in the name and for account of this Colo- 
ny, to be drawn out by the Agent or Agents for this Colony for 
the time being, and by the first good opportunity to inform 
thereof. And he is further directed, to pay out of Ihe same 
all such bills of exchange as may be drawn on him by his Hon- 
or the Governor in favour of any person or persons whomso- 
ever. 

[11] The Hon^ie William Pitkin, Esq"", John Chester and 
George Wyllys, Esq", are hereby appointed a committee, they 
or any two of them, to sell the money granted by Parliament 
which is or may be distributed and ordered to be ]mid this 
Colony on account of the services done in obedience to his 
Majesty's command in the year 1761, as soon as certain intelli- 



136 PUBLTC RECORDS [Maj, 

geiice is had that said money is received by Mr. Agent Jack- 
son. And the said committee are hereby directed to sell the 
same for the full value thereof in silver, gold, or bills of cred- 
it of this Colony emitted by act of Assembly in March, 1761, 
to any person or persons that sliall appear and pay the value 
thereof, as aforesaid, into the treasury of this Colony ; and 
when such contract is made and the money or bills aforesaid 
paid into the treasury as aforesaid, and the Treasurer's leceipt 
produced to said committee in evidence thereof, the said com- 
mittee is directed to lodge the same with the Secretary of this 
Colony and make a proper certificate thereof to his Honor 
the Governor ; and on receipt of such certificate his tlonor 
the Governor is hereby desired and impowered to draw prop- 
er bills of exchange on the said Richard Jackson, Esq'", in fa- 
voXir of such purchaser or purchasers for the payment of such 
sum or sums as he or they shall have purchased as aforesaid. 

Whereas some recruiting officers and recruits in his Majes- 
ty's regular forces were the last winter sent into this Colony 
by order from his Excellency Sir Jeffry Amherst, and recom- 
mended by his Honor tiie Governor of this Colony to the civil 
authority, requiring their aid in billeting &c., which party 
have been billeted on tlie tavern-keepers in the respective 
towns where they have been, with an expectation that such 
tavern-keepers would be entituled to receive three pence law- 
ful money per day out of the Colony treasury over and above 
what is paid by such officer and soldier, agreeable to an act 
of this Assembly made in October, 1759, which act was a 
limited act, and was to continue and be in force until the last 
day of November, 1760, and no longer ; which said act has 
not been since revived, and the Treasurer cannot answer any 
orders drawn on him for said three pence per day, 

It is therefore enacted hy the Govei'iwr, Council and Repre- 
sentatives, in General Court assembled, and hy the authority 
of the same, That any person in this Colony on whom any 
non-commission officer or foot-soldier belonging to any recruit- 
ing party of his Majesty's regular troops has been billeted by 
any magistrate or justice of the peace on any tavern-keeper 
or householder in this Colony during the last winter and 
until the rising of this Assembly shall be entitled to receive 
out of the treasury of this Colony the sum of three pence 
lawful money per diem for each non-commission officer and 
soldier billeted as aforesaid ; and such Assistant. or justice of 
the peace who gave such billet with another Assistant or jus- 
tice of the peace be and is hereby impowered to make up and 
allow such accounts and draw on the Treasurer of this Col- 
ony for the payment thereof. 



1763.] OP CONNECTICUT. 137 

Considering the smiles of Divine Providence in terminat- 
ing a bloody and expensive war in wliich our nation have long 
been involved, in the settlement of an happy and extensive 
peace, the blessings of which demands our sincere return 
of gratitude to Almighty God : Resolved by this Assembly, 
that his Honor the Governor be desired to issue a proclama- 
tioti for the observation of Wednesday the sixth day of July 
next as a day of Thanksgiving throughout this government, 
suitable to so important and happy an event. 

On the representation of the committee for building the 
State House in the county of New Haven : Resolved by this 
Assembly, that one moiety or half part of the cost and charge 
that shall accrue in the building and decent and well finishing 
of said house shall be paid out of the treasury of this Col- 
ony, and the other half shall be borne and paid by the inhab- 
itants of the said county of New Haven. And the Treasurer 
is hereljy ordered to pay unto the committee for l)uilding said 
house the sum of three hundred pounds, towards carrying on 
and compleating the same ; and the remainder of such half 
part of such cost and charge the Treasurer is hereby ordered 
to pay unto said committee when said house shall be com- 
pleated and finished and the accounts thereof shall be liquid- 
ated and settled l)y the committee appointed by this Assem- 
bly to oversee and direct in the finishing said house. And it 
is further resolved, that the civil authority in said county of 
New Haven be and hereby are directed to meet at such time 
and place as shall l»e appointed by the judge of the county 
court in said county witii the advice of two justices of the 
(juornm, and such tax or taxes to levy and collect from the 
inhabitants of said county as shall be necessary for paying 
the other half part of the cost and charge aforesaid. And 
the judge of said county court is hereby directed as soon as 
may be, to assign time and place for the meeting of the civil 
authority iov the purpose aforesaid. 

{12 1 This Assembly do appoint Seth Payne jun., of Poai- 
fi-et. Surveyor of Lands in and for the county of Windham. 

This Assembly do appoint Gideon Wells of Fairfiehl Sur- 
veyor of Land within and for the county of Fairfield. 

This Assembly do establish William Gould to be Captain 
of the third company or trainbantl in the second regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Russell to be Lieu- 
tenant of tiie third company or trainband in the second regi- 
ment in this Colony. 
18 



138 PUBLIC RECORDS [May, 

This Assembly do establish Mr. Nathaniel Gallop to be 
Ensign of the 5th company or trainband in the town of Ston- 
ington. 

This Assembly do establish Benjamin Clark to be Captain 
of the 5th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. Asaph Smith to be Lieu- 
tenant of the 5th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Calvin Eaton to be Ensign 
of the 5th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Samuel Blakslee to [be] Lieu- 
tenant of the third company or trainlmnd in the town of 
Woodbury. 

This Assembly do establish Mr. James Hylier jun. to be 
Captain of the first company or trainband in the town of 
Symsbury. 

This Assembly do establish Mr. Peter Holcomb to be Lieu- 
tenant of the first company or trainband in the town of 
Symsbury. 

This Assembly do establish Mr. David Atwater to be Lieu- 
tenant of the first company or trainband in the second regi- 
ment in this Colony. 

This Assembly do establish Mr. Joseph Thompson to be 
Ensign of the first company or trainband in the second 
regiment in this Colony. 

This Assembly do establish John Rogers to be Captain of 
the first company or trainband in the town of New London. 

This Assembly do establish Mr. Thomas Harris to be Lieu- 
tenant of the first company or trainband in the town of New 
London. 

This Assembly do establish Mr. Nathaniel Hempstead to be 
Ensign of the first company or trainband in the town of New 
London. 

This Assembly do establish Mr. John Granger to be Cap- 
tain of the third company or trainband in the town of Suf- 
field. 

This Assembly do establish Mr. John Haunchet to be Lieu- 
tenant of the third company or trainband in the town of Suf- 
field. 

This Assembly do establish Mr. Nathaniel Norton to be 
Ensign of the third company or trainband in the town of 
Suffield. 

This Assembly do establish Mr. Elnathan Chauncey to be 



1763.] OF CONNECTICUT. 139 

Captain of the first company or trainband in the town of 
Durliam. 

This Assembly do establish Mr. Samuel Parsons to be 
Lieutenant of the first company or trainband in the town of 
Durham. 

This Assembly do establish Mr. Israel Camp to be Ensign 
of the first company or trainband in the town of Durham. 
This Assembly do establish Mr. Jehiel Hawley to be Cap- 
tain of the second company or trainband in the town of New 
Mil ford. 

Tliis Assembly do establish Mr. Samuel Canfield to be 
Lieutenant of the 2d company or trainband in the town of 
New Milford. 

[13] This Assembly do establish Mr. Jonathan Benedict 
to be Ensign of the second company or trainband in the town 
of New Milford. 

This Assembly do establish Mr. Jesse Root to be Lieuten- 
ant of the fourth company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. John Fish to be Captain 
of the third company or trainband in the town of Groton. 

This Assembly do establish Mr. Thomas Fish to be Lieuten- 
ant of the third company or trainband in the town of Groton. 
This Assembly do establish Mr. Stephen Billings to be 
Ensign of the third company or trainband in the town of 
Groton. 

This Assembly do establish Mr. Nathaniel Sealey to be 
Captain of the company or trainband in the eastern part of 
j North Fairfield and part of North Stratford. 

This Assembly do establish Mr. Abel Hall to be Lieutenant 
of the company or trainband in the eastern part of North 
I Fairfield and part of North Stratford. 

I This Assembly do establish Mr. Benjamin Payne to be En- 
sign of the first company or trainband in the town of Hart- 
1' ford. 

j This Assembly do establish and confirm Mr. Timothy 
Loomiss to be Ensign of the first company or trainband in the 
I town of Windsor. 

j This Assembly do establish Mr. Joseph Beacher to be Cap- 
i tain of the 10th company or trainband in the second regi- 
I ment in this Colony. 

i This Assembly do establish Mr. Timothy Bradley to be 
I Lieutenant of the 10th company or trainband in the second 
regiment in this Colony. 

This Assembly do establish Mr. Nathaniel Sperry to be 



140 PUBLIC EECORDS [May, 

Ensign of the 10th company or trainband in the second regi- 
ment in this Colony. 

This Assembly do establish Mr. Joel Hotchkiss to be Cap- 
tain of the company or trainband in the parish of Bethany. 

This Assembly do establish Mr. John Lines to be Lieuten- 
ant of the company or trainband in the parish of Bethany. 

This Assembly do establish Mr. Timothy Ball to be Ensign 
of the company or trainband in the parish of Bethany. 

This Assembly do establish Mr. William Belcher to be En- 
sign of the 3d company or trainband in the town of Preston. 

This Assembly do establish Mr. Eliada Parker to be Cap- 
tain of the first company or trainband in the town of Wal- 
lingford. 

This Assembly do establish Mr. Charles Sperry to be Lieu- 
tenant of the first company or trainband in the town of Wal- 
lingford. 

This Assembly do establish Mr. Moses Roys to be Ensign 
of the first company or trainband in the town of Walling- 
ford. 

This Assembly do establish Mr. John St. John to be Cap- 
tain of the north company or trainband in the town of 
Sharon. • 

This Assembly do establish Mr. Samuel Hurlburt to be Lieu- 
tenant of the north company or trainband in the town of 
Sharon. 

This Assembly do establish Mr. Ebenezer Gay to be Ensign 
of the north company or trainband in the town of Sharon. 

This Assembly do establish and confirm Mr. Thomas Haw- 
ley to be Captain of the 1st company or trainband in the town 
of Ridgfield. 

This Assembly do establish and confirm Mr. James Scott 
to be Lieutenant of the 1st company or trainband in the 
town of Ridgfield. 

This Assembly do establish and confirm Mr. Ebenezer 
Jones to be Ensign of the 1st company or trainband in the 
town of Ridgfield. 

This Assembly do establish Mr. Ebenezer Learned to be 
Lieutenant of the 11th company or trainband in the 5th regi- 
ment in this Colony. 

[14] This Assembly do establish Mr. Joseph Marsh to be 
Captain of the fourth company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Mr. Timothy Clark to be Lieu- 
tenant of the 4th company or trainband in the 12th regiment 
in this Colony. 



1763.] OF CONNECTICUT. 141 

This Assembly do establish Mr. Samuel Clark to be Ensign 
of the fourth company or trainband in the 12th regiment in 
this Coh)ny. 

This Assembly do establish Mr. Elisha Wales to be Captain 
of the 12th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. Stephen Abbot to be Lieu- 
tenant of the 12th company or trainband in the 5th regiment 
in this Colony. 

This Asseml)ly do establish Mr. Jolm Work to be Ensign 
of the 12th company or trainband in the 5th regiment in tbis 
Colony. 

This Assembly do establish Mr. Daniel Landon to be Cap- 
tain of the first company or trainband in the town of Litch- 
field. 

This Assembly do establish Mr. John Randal to be Lieu- 
tenant of the od company or trainband in the town of Stoii- 
ingtoii. 

This Asseml)ly do establish Mr. John Breed jun. to be En- 
sign of the 3d company or trainband in the town of Stonington. 

This Assembly do establish Mr. John Persivalto be Captain 
of the eighth company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Joshua Brainerd to be Lieu- 
tenant of the 8th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Fullar second to 
be Ensign of the eighth company or trainband in the 12th 
regiment in this Colony. 

This Assembly do establish Mr. Elijah Smith to be Ensign 
of the third company or trainband in the town of Lyme. 

This Assembly do establish Samuel Robertson to be Captain 
of tlie fourth company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Trumble to be Cap- 
tain of the first company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Elijah Tisdall to be Lieuten- 
ant of the first company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Walter Hide to be Ensign 
of the first company or trainband in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Timothy Dimmock to be 
Ensign of the 4th company or trainband in the 5th regiment 
in this Colony. 



142 PUBLIC RECORDS [May 

This Assembly do establish Mr. Samuel Russell to be Cap- 
tain of the 2d company or trainband in the sixth regiment in 
this Colony. 

This Assembly do establish Mr. Nathaniel Brown to be 
Lieutenant of the 2d company or trainband in the sixth regi- 
ment in this Colony. 

This Assembly do establish Mr. Samuel Johnson to be En- 
sign of the second company or trainband in the sixth regi- 
ment in this Colony. 

This Assembly do establish Mr. Abner Mallery to be Lieu- 
tenant of the first company or trainband in the town of 
Woodbury, 

Tliis Assembly do establish Mr. Solomon Martin to be En- 
sign of the first company or trainband in the town of Wood- 
bury. 

This Assembly do establish Mr. Isaac Holt to be Captain of 
the company or trainband in the town of Norfolk. 

This Assembly do establish Mr. Selah Hart to be Lieuten- 
ant of the 7th company or trainband in the sixth regiment in 
this Colony. 

This Assembly do establish Mr. Charles Brunson to be En- 
sign of the 7th company or trainband in the sixth regiment 
in this Colony. 

[15] This Assembly do establish Mr. Joseph Harvey to be 
Lieutenant of the 4th company or trainband in the town of 
Lyme. 

This Assembly do establish Mr. Harriss Coult to be Ensign 
of the fourth company or trainband in the town of Lyme. 

This Assembly do establish Mr. Elijah Porter to be Lieu- 
tenant of the first company or trainband in the town of Farm- 
ington. 

This Assembly do establish Mr. Isaac Bidwell to be Ensign 
of the first company or trainband in the town of Farmington. 

This Assembly do establish Mr. Thomas Richards to be 
Captain of the west company or trainband in the parish of 
Westbury in the town of Waterbury. 

This Assembly do establish Mr. John Nettleton to be Lieu- 
tenant of tlfe west company or trainband in the parish of 
Westbury in the town of Waterbury. 

This Assembly do establish Mr. Abel Woodward to be En- 
sign of the west company or trainband in the parish of West- 
bury in the town of Waterbury. 

This Assembly do establish Mr. Richard Keigwen to be 
Lieutenant of the 6th company or trainband in the 11th regi- 
ment in this Colony. 



1763.] OP CONNECTICUT. 143 

This Assembly do establish Mr. Thomas Douglass to be 
Ensign of the sixth company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Comfort Sage to be Cap- 
tain of the troop of horse in tlie 6th regiment in this Colony. 

This Assemljly do establish Mr. Samuel May to be Lieuten- 
ant of the troop of horse iu the 6th regiment in this Colony. 

This Assembly do establish Mr. Gershom Blyn to be Quar- 
ter-Master of the troop of horse in the 6th regiment in this 
Colony. 

This Assembly do establish Mr. Manasseth Leach to be Lieu- 
tenant of the 5th company or trainliand in the town of New 
London. 

This Assembly do establish Mr. Nathan Clark to be Cap- 
tain of the 6th company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Mr. Arnold Tibl)alds to be Lieu- 
tenant of the 6th company or trainband in the second regi- 
ment in this Colony. 

This Assembly do establish Mr. Eliphalet Gillet to be Ensign 
of the sixth company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Mr. Dudley Wright to be Cap- 
tain of the third company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Daniel Pratt to be Ensign 
of the third company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Joseph Brunson to be Lieu- 
tenant of the second company or trainband in the first society 
in the town of Waterbury. 

This Assembly do establish William Hickcox to be Ensign 
of the second company or trainband in the first society in 
the town of Waterbury, 

This Assembly do establish Mr. Joseph Hastins to be Cor- 
net of the troop of horse in the third regiment in this Colony. 

This Assembly do establish Mr. Benjamin Merriam to Ije 
Ensign of the 13th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Thomas Gates to be Lieu- 
tenant of the 11th company or trainband in the 12th regiment 
in this Colony. 

This Asseml)ly do establish Mr. Thadeus Cook to be Cap- 
tain of the second company or trainband in the town of 
Preston. 



144 PUBLIC RP^coRDS [May 



This Assembly do establish Mr. Nathaniel Cof^swcll to be 
Lieutenant of the 2d company or trainband in the town of 
Preston. 

This Assembly do estal)lish Mr. Timothy Lester to be En- 
sign of the 2d company or trainband in the town of Preston. 

This Assembly do establish Mr. Henry Hotchkiss to be 
Ensign of the south company or trainband in New Cheshire 
in Wallingford. 

This Assembly do establish Mr. Dan Towner to Ije Lieu- 
tenant of the company or trainband in the north society in 
New Fairfield. ' 

[16] This Assembly do establish Mr. William Gaylord 
Hnbbel to l)e Ensign of the company or trainband in the north 
society in New Fairfield. 

This Assembly do establish Mr. Simon Fobes to be Lieu- 
tenant of the lyth company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Enos Woodward to be En- 
sign of the 19th company or trainband in the 11th regiment 
in this Colony. 

Granted to the Honorable Thomas Fitch, Esq"", for drawing 
bills of exchange &c. at J per cent, on the sum of £45894 lis. 
5d. sterling, the sum of one hundred and tifty-two pounds 
nineteen shillings and eight pence lawful money ; and the 
Treasurer of this Colony is hereby ordered to pay the same 
accordingly. 

Upon the memorial of Barnabas Baldwin of New Haven, 
preferred to this Assembly in October last, shewing that he 
gave a bond to the Governor and Com])any of this Colony, 
dated in April, 1741, conditioned for payment of =£32 lO.s-. Qd. 
in new tenor bills of this Colony, so called, or gold equivalent, 
which bond being afterwards put in suit judgment had been 
rendered thereon by the superior court held at New Haven in 
February, 1748, for the sum of <£34 9s. 2d. lawful money ; 
representing that that sum was much more than was due ac- 
cording to the laws and regulations in this Colony respecting 
those new tenor bills ; praying for relief &c. : upon which 
memorial John Whiting and Thomas Darling, Esq'% were ap- 
pointed a committee to look into said matter, and who have 
reported to this Assembly that they are of opinion that £13 
Is. Sd. L. money ought to [be] accepted and allowed as an 
equivalent to said sum of £32 10s. Od. new tenor, and that 
the sum now due, viz: on the 13th day of instant May, accord- 
ing to that rule, computing the interest of the monies due and 
deducting a certain payment made of part, is £14 7s. Od. law- 



1763.] OF CONNECTICUT. 145 

ful money, and that that sum ought to be paid and received 
in full discharge of a certain bond which Elihu Hall, Esq"", 
the Colony's agent for collecting said debt, received and took 
from Barnabas Baldwin jun. and Jonathan Atwater jun., con- 
ditioned for tlie sum of £56 ISs. 6d. for securing said debt ; 
as by said report at large may more fully appear, which report 
hath been accepted : Whereupon it is resolved and ordered 
by this Assembly, that upon the said Barnabas Baldwin jun. 
and Jonathan Atwater jun, their paying upon said bond the 
said sum of fourteen pounds seven shillings lawful money with 
the lawful interest of that sum from the 13th day of instant 
May until the same shall be paid, that the same be accepted 
and received by the Colony's said agent in full discharge of 
said bond, and that the same bond be accordingly thereupon 
delivered up and cancelled. 

Whereas George Smith of Hartford and the rest of the 
children and heirs of John Smith formerly of said Hartford, 
deceased, and Normand Morrison of said Hartford and the 
rest of the children, grandchildren and heirs of Doct. Normand 
Morrison late of said Hartford, deceased, and Ann Morrison his 
widow, joined in a petition preferred to this Assembly in Oc- 
tober last, representing that certain difficulties had arisen 
among them touching the rights of the parties respectively to 
the estate of the said deceased Smith and Morrison, and that 
by reason of some particular difficulties the said matters 
could not be settled and right be done by suits at law, and 
praying to have committee appointed by this Assembly to 
hear, examine and a settlement make of their said claims ; 
upon which petition John Chester and Jonathan Trumble, 
Esq''s,and Doct. Daniel Lothrop were appointed a committee for 
the purpose aforesaid, and to make their report to this Assem- 
bly at this time : And whereas the aforesaid widow Ann Mor- 
rison hath died since the said appointment and before a hear- 
ing of the cause before the commissioners, and the surviving 
parties still standing in need of the same tiling being done 
and declaring before the Court by their respective attornies 
and guardians (William Tiley of said Hartford being guardian 
to said Normand and Margaret Morison, two minors formerly 
under the guardianship of the said Ann, deceased,) that they 
are desirous of having said matters concluded and determined 
according to the tenor of the appointment in October afore- 
said : It is therefore resolved and ordered by this Assembly, 
that the said surviving parties to said petition be held to 
and concluded hy the decree and sentence that shall be made 
of and concerning the premises in pursuance of the report 

19 



146 PUBLIC RECORDS [May, 

which shall be made by the said committee ; which committee 
are hereby impowered and directed to proceed and hear the 
said parties upon said matters, and make their report to this 
or the Assembly to be held at New Haven in October next. 

Whereas upon the petition of Jesse Squire of Cornwall, 
against David Ingersol, late of Sheffield now of a place called 
Spencer Town in the Pi'ovince of New York, preferred to this 
Assembly in October last, representing that the said Ingersol 
had obtained judgment against him before the superior court 
held at Litchfield in August last, for one thousand pounds 
damages besides costs, on a certain bond given for his, 
said Squire's, conveying and passing over to said Ingersol 
[17] his, II said Squire's, homestead in said Cornwall, consist- 
ing of a dwelling-house, barn <fec., and about fifty acres of 
land, and that said contract was an agreement to exchange 
said homestead for a certain right of land by said Ingersol 
sold to said Squire at a place called Nobletown in the Pro- 
vince of the Massachusetts Bay, and that the said Squire had 
not been able to obtain said right ; further alledging and 
charging that said agreement was on the part of said Ingersol 
fraudulent and collusive &c. ; praying to have commissioners 
appointed to look into said matter and for relief in the premi- 
ses ; as by the petition on file, on which petition Messrs. Ben- 
jamin Cowles, Moses Lyman and Josiah Stoddard were 
appointed a committee for the purpose aforesaid, and have 
made their report to this Assembly, that they find the said 
contract on the part of said Ingersol to be fraudulent, and 
that said Squire hath not been able to have any benefit of said 
supposed right of land, the said Ingersol not having had any 
title thereto ; and that of the sum of £QQ Os. Od. including a 
note of <£10 Os. Qd. of said Ingersol's, which he, the said Inger- 
sol, had advanced and paid to said Squire as the difference be- 
tween said estates proposed to be exchanged as aforesaid he, 
the said Squire, had upon an after agreement to throw up said 
bargain repaid back to said Ingersol the sum of <£51 10s. 
6d., and that the remaining sum of £14 9s. 6d. was equitably 
due to said Squire for his trouble and loss of time in attempt- 
ing to obtain said right of land &c. ; further giving it as their 
opinion, that said judgment so obtained against said Squire 
ought not to be enforced, and he, the said Squire, to return to 
said Ingersol the pretended conveyance received from him of 
said supposed right ; as by the report at large may more fully 
appear, which report hath been accepted : Whereupon it is 
enacted and resolved by this Assembly, that there be a per- 
petual stay of the execution of the said judgment of the su- 



1763.] OP CONNECTICUT. 147 

perior court rendered on tlie bond aforesaid, the said Squire 
having before this Assembly offered and tendered back to said 
Ingersol's attorney for his use the aforesaid deed that was 
given of said pretended right of land, and that the said judg- 
ment be not by any way or means whatsoever enforced or put 
in execution, and also that said Squire recover of said Inger- 
sol his reasonable cost on this petition, allowed to be X14 7.9, 
Id. L. money. Ex. granted Jane 4th, 1764. 

Whereas upon the petition of Jonathan Fowler of Guilford, 
against Titus Culver of Wallingford, preferred to this As- 
sembly in May, 1761, complaining of fraud in a certain bar- 
gain of lands, said originally to belong to one Metoxon an 
Indian native, praying to have a judgment of New Haven 
county court in April, 1761, on a certain note of <£10 Os. Od., 
given for a right in said land, set aside &c., Messrs. Joshua 
West, Ebenezer Baclms and Eleazer Fitch, Esqi's, were after- 
wards, viz : in May last, (to which time said petition had been 
continued,) appointed a committee to look into and make 
report of said matters of complaint ; and whereas upon a rep- 
resentation made to this Assembly in October last, that by 
reason of certain disappointments said committee had not 
been al)le to execute their said trust, and praying to have the 
same committee reappointed and to make their report at farth- 
est to this Assembly ; and whereas the said committee have 
not as yet l)een able to make their report : It is now resolved 
by this Asseml)ly, upon the motion for a new appointment of 
commissioners in the matters aforesaid, that the said Joshua 
West, Ebenezer Baclius and Eleazer Fitch, be and they 
are hereliy appointed a committee with full power to notify 
the parties, examine into the said matter of complaint, and to 
make their report to this Assembly in October next of what 
they shall find in the premises, and of all proceedings on the 
said judgment of said county court are hereby ordered to l^e 
stayed in the meantime. 

Upon the petition of Joseph Phelps of Symsbury and Han- 
nah his wife, representing that on application of Aaron Clark 
to them on or about the second day of April, 1761, they had 
agreed to sell unto him, the said Aaron Clark, a certain tract 
or parcel of land in said Windsor on the east side of the great 
river, bounded and described as in said petition, at the price 
and for the consideration of sixty-five pounds money, twenty 
pounds eight shillings to be paid down, fourteen pounds twelve 
shillings to be paid in labour, and thirty pounds to be secured 
by note ; and that whereas the petitioners not being then able 
to compleat a deed of said premises, the said Joseph, one of 



148 PUBLIC RECORDS l^^^J, 

the petitioners, tlieii gave his note of forty pounds money to 
the said Aaron, to be in force in ca^e tlie ])ctitioners slionld 
not I'ulfill said bargain and coni|)leat said deed in a sliort time 
afterwards ; that said deed was afterwards compleatcd and by 
false and feigned pretences of Ihe said Aaron he obtained tlie 
same and caused the same to be entered on the records of said 
Windsor without ever fulfilling on his })art or paying or secur- 
ing the price of said land ; and that the said Aaron had also 
fraudulently obtained a judgment on the forty pound note, to 
the great wrong and injury of the petitioners &c. ; praying 
for a committee &g. : Resolved by this Assembly, that Josiah 
Bissell, Esq"", and Capt. Nathaniel Loomiss of Windsor, and 
Hezekiah Humphrey, Esq^, of b^ymsbury, be and they are 
hereby appointed a committee, to enquire into the matters re- 
ferred to in said petition and what relates thereto, by the 
oaths of the parties or otherwise, and to make report of what 
they shall find with their opinion thereon to this Assembly at 
their present sessions or at their sessions in October next. 

Upon the petition of Mary Kimberly, of Glastonbury in the 
county of Hartford in this Colony, the only acting executrix of 
the last will and testament of Samuel Kimberly late of Glaston- 
[18] bury, deceased, || shewing that one John Hill late of said 
Glastonbury, deceased, some time about the twenty-sixth day 
of February, A. D. 1759, being much in debt and in want of a 
large sum of money, and one David Hubbard then of said Glas- 
tonbury, Esqr, now deceased, now agreed to supply him there- 
with if he could procure said Samuel to become bound with 
said John Hill for X103 8s. Od. L. money thereof to be paid to 
said David at or before the 16th of February, 1761, with the 
lawful interest, and that said John Hill thereupon made appli- 
cation to said Samuel to liCcome bound with him to said Da- 
vid, and that he, the said John, would give the said Samuel 
a bond to save the said Samuel harmless therefrom, and that 
he, the said Samuel, then for the benefit of said John only and 
at his request became jointly bound with said John Hill to 
said David for the sum of X108 8s. Od. lawful money and 
lawful interest as aforesaid, and that yet the said l)ond to save 
the said Samuel harmless was neglected and not taken during 
the lives of said David, Samuel and John, since whose deaths 
actions have been brought by the executors of said David 
against the said Mary and the executors of the said John and 
against them recovered judgment for the same with large bills 
of cost, and that the executors of said John refuse to pay the 
same; praying for relief therein &c. : Resolved by tliis As- 
sembly, that Jonathan Hills, Elisha Williams and William 



1763.] OF CONNECTICUT. 149 

Welles, Esqrs, be and they are hereby appointed a commitlee 
with fnll power and anthority to hear all the ])artics thereon, 
make inqniry into the matters set forth in said petition, and 
report their opinion thereon to this or the next sessions of this 
Assembly. 

Upon the i)etition of Daniel Welles and Blackleach Wells, 
both of said Hartford, shewing to this Assembly that they 
were owners of a certain lot of land in Hartford containing 
about five or six acres, which hatli been derived down to them 
from their ancestor Mr. Thomas Welles, who lived in the year 
1654, which was bounded south on land of Thomas Hosmer, 
who also lived in the said year 1654, which said I'homas Hos- 
mer was ancestor to Joseph Hosmer of said Hartford, to whom 
the said Thomas Hosmer's lands were derived, which said Jo- 
seph held the same in the year 1761 ; that the said Thomas 
Wells and Thomas Hosmer in their lifetime made an agree- 
ment in writing under their hands respecting their said ad- 
joining lands, by which, for certain considerations therein 
mentioned, the said Thomas Hosmer undertook to keep and 
maintain the whole fence between their aforesaid lands, which 
instrument or writing was entered on the records of said town 
of Hartford ; that in consequence of such agreement the said 
Thomas Hosmer and all under him from the said year 1654 
until the year 1762 have kept and maintained the whole of 
said fence between their aforesaid lands and the lands of the 
said Thomas Wells, and have held and enjoyed the land grant- 
ed to the said Thomas Hosmer by the said Thomas Welles as 
a consideration therefor : yet nevertheless, the said Joseph 
holding the said lands derived to him as aforesaid sold and 
conveyed the same to Isaac Sheldon of said Haiiford sometime 
about the latter end of the year 1761, and that he, the said 
Isaac, afterwards refused to maintain the whole of said fence, 
and upon his application to the selectmen of said Hartford they, 
said selectmen, on the 5th day of April, 1762, set out the one 
hall of said dividend fence to be maintained by the petitioner, 
and the other half to said Sheldon to be maintained by him, 
which doings of said selectmen were entered on the records of 
said town of Hartford, and the said Sheldon applied to the 
i'ence-viewers to make and erect the one half of said fence, 
which was set out to the petilioners as aforesaid, which said 
fence-viewei's accordingly did, and afterwards had wiits of dis- 
tress against the petitionei-s to levy doul)le cost for erecting 
said fence, to the amount of ten pounds money ; and jjiaying 
the interjiosition of this Assembly for relief, and that this As- 
sembly would order and decree that the doings of said select- 



150 PUBLIC RECORDS [May, 

men should be reversed and set aside, and that he be restored 
to all the damages he hath sustahied therel)y &c., as by said 
petition [on] file may more fully appear : It is therefore re- 
solved by this Assembly, that the doings of the selectmen, 
fence-viewers &c. complained of be reversed and set aside, and 
that the petitioners be restored to all such damages as they 
have incurred and cost thereby. And the doings of said se- 
lectmen, fence-viewers &c. are hereby set aside and made void. 
Upon the petition of Caleb Hotchkiss the second, of New 
Haven, representing to this Assembly that in the year 1755, 
he being constable of said town received of Joseph Green and 
Isaac Walker of Boston an execution in their favour against 
Abraham Thompson of said New Haven for a large sum which 
he had opportunity to have levied on said Thompson's body 
but neglected, hoping to find estate to satisfy the same, but 
being unable to obtain any said execution expired and he be- 
came liable therefor ; soon after which said Thompson entire- 
ly failed, was committed to gaol, and his creditors lost great 
part of tlieir debts ; that said Tbompson and his mother, for 
securing in some measure the plaintiff, made over to him three 
sevenths of his, said Thompson's, dwelling-liouse in said New 
Haven, which he had built on his said mother's land ; that it 
was afterwards agreed between the petitioner and said Green 
and Walker, that said three sevenths of said house should 
be apprized by indifferent men and made over to them, and 
accordingly the same was apprized at £141 7s. 6c;?. lawful 
money, and the petitioner on the 13th day of August, 1756, 
made and executed to them a deed thereof and lodged the 
same in the hands of Jared Ingersol, Esq"", attorney to said 
[19] Green and Walker, to be re-delivered to the petitioner || if 
required, or to be put on record if they see cause, and if by 
tliem accepted to allow therefor the sum of the apprizement 
aforesaid in part of said debt, which deed having remained in 
said attorney's hands to this time and said Green and Walker 
in said Walker's lifetime, he being since deceased, and said 
Green since his death having taken benefit of, leased and re- 
ceived the rents of said house ever since, the petitioner expect- 
ed they had recorded said deed and accepted the same in pay- 
ment as aforesaid ; that nevertheless the said Green, as surviv- 
ingpartner to said Walker, hath since obtained judgment before 
the county court held at New Haven on the first Tuesday of 
April, 17(j3, for the sum of .£158 IBs. V^d. damages and £S 
2s. 9d. cost, in consequence of his having neglected to levy 
said execution, and now refuses to accept said house in part 
of said judgment ; praying that said Green may be enforced 



1763.] OF CONNECTICUT. 151 

to accept thereof and perform the agreement aforesaid &c., as 
per petition on file at large appears : Resolved \)y this Assem- 
bly and it is hereby enacted and decreed, that the said Green 
shall receive said deed so lodged in said attorney's hands for 
the purposes aforesaid, and shall allow therefor on the said judg- 
ment the sum of <£141 7s. Qd. and that he, the said Hotchkiss, 
on payment of the sum of =£20 9s. O^d., lawful money, being 
the residue of said judgment for damages and cost, shall be 
discharged and thereof acquitted. 

On the memorial of the Reverend Mr. Eleazer Whcelock, 
representing that for some years past he has had under his care 
and tuition several youths of the distant Indian tribes, at pres- 
ent increased to more than twenty in number, with a view to 
their being by proper discipline and instruction fitted for mis- 
sionaries, school-masters, interpreters &c., among their own 
people, and that tho' his past success therein has so recom- 
mended his design as to excite the charity and liberality of di- 
vers worthy persons in support of almost all the past expences, 
yet the present aspect of said undertaking seeming to merit as 
well as require some further assistance, lie was induced to ask 
the favour and countenance of this Assembly therein : And se- 
riously considering the present new and extraordinary prospect 
(by the blessing of Heaven on his Majesty's arms) doth 
greatly encourage an attempt to promote christian knowledge 
and civility of manners among the Indian natives of this land, 

This Assembly do thereupon grant and order a Brief 
throughout this Colony, recommending it to all inhabitants 
charitably and liberally to their ability to contribute to such 
pious and important purposes, and that the monies so col- 
lected be by the persons therewith intrusted delivered to John 
Ledyard of Hartford, John Whiting of New Haven, David 
Gardiner of New London, David Rowland of Fairfield, Sam- 
uel Gray of Windham, and Elisha Sheldon of Litchfield, 
Esqf*, each county's collections to their own respective 
receivers ; which receivers are hereby directed to deliver the 
same to the Treasurer of this Colony, to be by him holden 
and disposed of as in and by this act provided, taking his 
receipt therefor and lodging the same with the Secretary. 

A7id it is further resolved, That said Mr. Wheelock do at 
his discretion, as occasion may be, apply to Jonathan Trum- 
ble, Daniel Edwards and George Wyllys, Esq'% for such 
monies, parcel of such contributed sum, as he shall appre- 
hend to be necessary ; which said committee, or any two of 
them, are hereby appointed, authorized and directed, to draw 
orders on said Treasurer for such sum or sums thereof 



152 PUBLIC RECORDS [May, 

as shall l)e shewn to them to be useful and necessary in the 
then present exigencies of said affair, until the whole is 
exhausted. 

Provided nevertheless^ That if the state and circumstances 
of said undertaking by any fneans hereafter become so 
altered as in the opinion of said last-mentioned committee to 
render the further prosecution or support of said affair im- 
practicable or doubtful whether it may answer the good end and 
design, in such case they are hereby directed to desist draw- 
ing as abovesaid, and by the earliest opportunity to advise 
this Assembly thereof, to the end such further order in the 
premises be taken as the present emergencies may recom- 
mend : Always provided such monies he ultimately and 
wholly applied to the pious design of propagating the gospel 
among the heathen. 

And it is further ordered^ That printed copies of this act 
be seasonably delivered to the several ministers of the gospel 
within this Colony, who are hereby also directed to read the 
same in their respective congregations, and thereon appoint a 
time for making such collection. 

Upon the petition of Joseph Lindsey jun., Josiah Fowler, 
Daniel Maltbie, Timothy Hoadly, Joseph Lindsey, Amos 
Harrison, Benjamin Maltbie, Josiah Talmage, Dan Pond, all 
of Brandford, and Abel Munson, Titus Cook, Caleb Culver, 
Samuel Culver, Joseph Bartholomew, of Wallingford, Wil- 
liam Lewiss of Durham, Isaac Waterman of Midletown, 
Abner Smith, Samuel Hubbard and Elihu Jolmson, of Had- 
dam, against Titus Culver of Wallingford, preferred to this 
Assembly in May, 1761, complaining of fraud in a certain 
bargain of lands said originally to belong to one Metoxen, an 
Indian native ; praying to have certain notes of hand declared 
null and void that were given for the purchase of said lands 
<fec. ; Messrs. Joshua West, Ebenezer Backus and Eleazer 
Fitch, Esq", were afterwards, viz: in May last, to which time 
said petition was continued, appointed a committee to exam- 
[20] ine into said matters and make || their report thereof : 
and whereas, upon a representation made to this Assembly in 
October last that by reason of certain disappointments said 
committee had not been able to execute tlieir said trust, and 
praying to have the same committee reappointed and to make 
their report at farthest to this Assembly : and whereas the 
committee have not been able to make their said report : It 
is now resolved by this Assembly upon a motion for a new 
appointment of commissioners in the case aforesaid, that the 
said Joshua West, Ebenezer Backus and Eleazer Fitch be and 



1763.] OF CONNECTICUT. 153 

they are hereby appointed a committee with full power to no- 
tify the parties, examine into the said matters of complaint, 
and to make report to this Assembly in October next of what 
they shall find in the premises. 

On the memorial of John Hall the second, and others, in- 
habitants in the first society in Wallingford who do not adhere 
to the Reverend Mr. James Dana as minister of said society, 
shewing that various matters of difficulty have for several 
years subsisted between the memorialists and the rest of the 
members of said society who do adhere to said Mr. Dana 
&c. ; praying that all those inhabitants within the limits of 
said first society in Wallingford wlio do not adhere to the 
said Mr. James Dana as their minister be made a distinct 
ecclesiastical society, and that the public interest of said first 
society be divided &c. ; and that a committee be appointed to 
inquire into the said public interest and thereof make report 
to this Assembly with their opinion how the same may be dis- 
posed or divided ; and also that redress may be given them 
concerning taxes complained of in said memorial, 

It is resolved by this Assembly^ That the memorialists, with 
all such inhabitants in said first society who join and attend 
public worship and adhere to them, be and they are hereby 
made, erected and constituted a distinct ecclesiastical society, 
with all such powers, authorities and priviledges as other 
ecclesiastical societies in this government are vested with, 
and shall succeed as such, and shall be called, known and dis- 
tinguished by the name of Wells, and the new meeting-house 
in use by the memorialists be established for their meeting 
for divine worship ; and any of the inhabitants who adhere 
either to the said Mr. Dana or to the memorialists have lib- 
erty to choose which of said societies he or they would belong 
and join to : provided he or they make choice and declaration 
thereof by entering their name or names with the town-clerk 
of said town of Wallingford within four months after the 
rising of this Assembly. And all such who come from other 
places to settle and inhabit within the limits of said societies 
sliall have liberty to join to which they please, and in case of 
non-election for twelve months they shall belong viz : one to 
the first society and the next to the said new society, and so 
alternately according as they successively come and settle 
as aforesaid, without making such election. And all that 
shall hereafter arrive to the age twenty-one years, within 
twelve months after coming to age shall make choice which 
they will belong to, otherwise to continue where brought up 
or where they belonged before. 
20 



154 PUBLIC RECORDS [May, 

Provided nevertheless, and it is hereby/ resolved, That the 
inhabitants belonging tobotli said societies be and remain one 
society as they now are in all matters relating to schools, and 
take benefit accordingly of the money given or that may be 
given for the snpport of a school or schools within their lim- 
its, and are hereby authorized and imi)0\\ered to meet, vote 
and act together for the support, well ordering and manage- 
ment of a school or schools within the said society. And 
that the value of the old meeting-house in, and all the rest of 
the temporal interest belonging to said first society, be divided 
and distributed to and between the memorialists and the ad- 
herents to Mr. Dana according to their list ; and that Jona- 
than Trumble, Esq"", of Lebanon, Jabez Hamlin, Esq"", of 
Midletown, and Capt. John Lawrence of Hartford, be a com- 
mittee to enquire of the state and value of said old meeting- 
house, and what in equity said society of Wells ought to have 
therefor, estimating such part according to the advantage 
thereof to said Dana's adherents, and also what other tem- 
poral interest belongs to said first society, and also enquire 
into the grievances complained of concerning the taxes refer- 
red to in said memorial, and make report of their opinion on 
the whole to the General Assembly in October next. 

Upon the petition of John Pierpont, of New Haven in the 
county of New Haven, against Elisha Whittlesey of said New 
Haven, representing and complaining to this Assembly that 
whereas he is brother and heir at law to Jacob Pierpont late 
of New Haven and now deceased, and that said Jacob from 
the time of his nativity until the time of his death was 
reputed and known to be a person of weak understanding 
and incapable of transacting business, and that he was natur- 
ally wanting of understanding and reason, so that he was 
liable to imposition and fraud, and that said Jacob on or 
about 9th of November, 1759, was seized and possessed in 
fee simple of a certain home-lot, mansion house and barn 
thereon lying on the northeasterly side the market, so called, 
in said New Haven, and that said home-lot was in quantity 
about two acres and a half, and that from its situation and 
natural goodness and the convenience of the buildings it was 
well worth two hundred and eighty pounds; and also that the 
said Jacob was at the same time in like manner the owner of 
other tracts of land in said New Haven in and about the town- 
plat, which were well worth £'['26 Os. Od. ; and that said Elisha 
Whittlesey being well acquainted with the natural weakness 
of said Jacob's mind and understanding, and how easy it was 
to impose upon said Jacob, and being well acquainted with 



1763.] OF CONNECTICUT. 155 

the value of the aforesaid estate, and being minded to get the 
aforesaid estate of said Jacob at an under value, by collusive 
means, did take advantage of the incapacity and uuskillful- 
[21] ness || of said Jacob in bargaining, and did by colhisive 
means procure of said Jacob, on or al>out the 9th day of Nov- 
ember, A. D. 1759, a deed of sale of said home-lot, mansion- 
house and barn, executed and acknowledged in due form of 
law ; and also at the same time, in the like unjust manner, 
did procure of said Jacob to sign a note of hand for the sum 
of £110 0>t. Od. lawful money, payable to said Whittlesey, 
for no other cause or consideration but only a tract of land 
in the township of New Milford in Litchfield county, being 
the 35th lot in the south tier, commonly called the north pur- 
chase, which is said to be worth no more than £120, and that 
said Whittlesey by his deed well executed and dated on or 
about the said 9th day of November, 1759, conveyed and 
made over said 35th lot to said Jacob ; and that said Whit- 
tlesey in the life time of said Jacob brought his action on said 
note against said Jacob, and in January, 1762, obtained a 
judgment thereon against said Jacob before the adjourned 
county court held at New Haven within and for the county of 
New Haven for said sum of £110 Os. Od. with the interest 
thereof and his cost, amounting in the whole to the sum of 
£123 7s. 9d., and that soon, viz: on the 25th of January 
aforesaid, said Whittlesey took out execution in due form of 
law upon said judgment against said Jacob then being in full 
life, and caused the same to be levied on said other tracts of 
land of said Jacob, and by return of the officer who served 
the same hath got said land entered of record to said Whit- 
tlesey ; and that by means of the incapacity of said Jacob for 
business and the wrong doings of said Whittlesey, the said 
deceased Jacob was wronged out of his said estate, being by far 
the greatest and most valuable part of his paternal estate 
descended to him from his ancestors, and that he had only a 
very small and inadequate satisfaction therefor : thereupon 
praying this Assembly to disannul the bargains and contracts 
aforesaid, and order and enact that said deeds obtained by said 
Whittlesey of said Jacob and said Whittlesey's deed made to 
said Jacob, may be declared to be null and void, and of no force 
for holding the lands therein mentioned ; and that said exe- 
cution with the doings of the officer thereon in levying the 
same upon said Jacob's lands may be declared null and void; 
and that said deed and execution may not be permitted to be 
given in evidence in any court in this Colony ; as by the peti- 
tion on file may appear : Resolved by this Assembly, that 



156 PUBLIC RECORDS [May, 

the bargains and contracts be and they are hereby declared 
to be null and void. And it is ordered, enacted and declared 
by this Assembly, that the said deed made and executed by 
said Jacob to said Whittlesey of said home-lot, mansion-house 
and barn, and also said deed made and executed as aforesaid 
by said Whittlesey to said Jacob of said 35th lot, and the 
execution obtained as aforesaid by said Whittlesey against 
said Jacob, and all the doings of the ofhcer who levyed the 
same on the other lands of said Jacob be, and they are here- 
by declared to be, null and void ; and that neither of said 
deeds or execution shall henceforth be of any strength or 
have any force for the holding the lands therein and there- 
upon mentioned, and that they or either of them shall ever be 
permitted to be given in evidence in any court whatever in 
this Colony to support any title to any of the lands men- 
tioned in either of said deeds or said execution ; and that all 
the aforesaid lands shall be and remain in the same state 
and conditions, to all intents and purposes, as by law they 
were before the making and executing the aforesaid deeds and# 
the obtaining the aforesaid judgment and execution thereon, 
as they might or would have been in course and descent in 
law immediately upon and after the death of said now 
deceased Jacob. 

Upon the memorial of Timothy Andruss of Weathersfield, 
representing to this Assembly that in the year 1755, he inlist- 
ed into the service of this Colony as a soldier in the expedi- 
tion against Crown Point, and proceeded therein as far as Al- 
bany, where he was seized with a violent, malignant fever, 
which so affected his nerves that he was returned home sick 
and hath ever since languished in a paralytic state, unable to 
provide for himself or family, and is in most distressing cir- 
cumstances ; praying for relief &c., as per memorial on file 
appears : Resolved by this Assembly, that the memorialist 
shall receive, and there is hereby granted to him, the sum of 
twenty pounds out of the public treasury of this Colony, which 
the Treasurer is hereby directed to pay him accordingly on his 
producing to him a copy of this act. 

Upon the memorial of Joseph Gleason, administrator on the 
estate of Jonah Gleason late of Endfield in the district of Hart- 
ford, deceased, shewing to this Assembly that the debts due 
from said estate with some allowance to the widow surmount 
the moveable estate of said deceased the sum of .£18 17s. Sd., 
for the payment of which praying this Assembly to impower 
him to make sale of so much of said estate as shall be suffi- 
cient to pay said sum with the charge of such sale, as per 



1763.] OF CONNECTICUT. 157 

memorial on file appears : Resolved by this Assembly, that 
the memorialist have liberty, and liberty and authority is 
granted unto him, to make sale of so much of said estate as 
shall be sufficient to pay said sum of X18 7 8, together 
with the incident charges of such sale ; taking the direction of 
the court of probate in the district of Hartford therein. 

Upon the memorial of Daniel Hooker and Sarah Hooker, 
administrators of the estate of Doct. Daniel Hooker late of 
Hartford, deceased, shewing to this Assembly that the debts, 
charges &c. due from the said estate surmount the moveable 
estate of the said deceased the sum of i.'584 lis. Id. 3g., there- 
in praying for liberty to sell so much of the real estate of the 
said deceased as will discharge the said sum and charges aris- 
[22] ing thereon : || Resolved by this Assembly, tliat the said 
administrators have liberty and are hereby impowered, to sell 
and dispose of so much of the real estate of the said deceased 
as will discharge the said sum of X584 lis. Id. Sq. together 
with the incident charges arising on the sale thereof ; taking 
the directions of the court of probate in the district of Hartford 
therein. 

On the memorial of Phillip Smitli of Windsor, administra- 
tor on the estate of Thomas Worden of Windsor, shewing to 
this Assembly that the debts &c. due from the estate of the de- 
ceased surmount the pei'sonal estate the sum of X40 6s. lOd.,1. 
L. money ; praying for liberty to make sale of so much of real 
estate of said deceased as shall raise said sum with the inci- 
dent charges ; as per memorial on file : Resolved by this As- 
sembly, that the memorialist have liberty, and liberty to him 
is hereby granted, to make sale of so much of said real estate 
as shall raise said sum with the charges of sale ; taking the 
direction of the court of probate in the district of Hartford 
therein. 

Upon the memorial of Lois Belding, administratrix on the 
estate of Mr. Joseph Belding late of Weathersfield, deceased, 
representing to this Assembly that the debts and charges due 
from the estate of the said deceased surmount the moveable 
estate of the said deceased the sum of <£551 14s. 2d. lawful 
[money] , as certified by the clerk of the court of probate for 
the district of Hartford ; praying this Asseml)ly that so much 
of the real estate of the said deceased be sold as will raise said 
sum of £551 14 2 with the incident charges arising there- 
on : Resolved by this Assembly, that the said memorialist 
and Jonathan Belding, Esq"", they be impowered and directed 
to make sale of so much of the real estate of said deceased as 
will raise said sum of £551 14 2 with the incident charges 



158 PUBLIC RECORDS [May, 

arising on such sale ; taking the direction of the court of pro- 
bate in the district of Hartford therein. 

Upon the memorial of the inhabitants of the town of Hart- 
latid in the county of Litchfield, representing that at a town 
meeting warned and held in said Hartland on the first Mon- 
day of December last, they proceeded to the choice of a mod- 
erator, a clerk and other town officers ; that afterwards ob- 
jections by a party of said inhal>itants were made to the lega- 
bility of said meeting and officers chosen therein, and the said 
objectors procured tlie warning of another town-meeting, 
which was held at said Hartland on the 21st day of the same 
December, when and where they proceeded and made choice 
of another set of town officers, all which officers chosen first 
and last were sworn as the law directs, by means whereof 
confusion and discord hath happened and the affairs of said 
town are perplexed &c. ; praying that all the doings of said 
inhabitants in both of said meetings may be annulled and 
made void <fec. : Resolved by this Assembly, and it is hereby 
decreed, that all the votes and doings pretended to be passed 
and recorded as the acts of the said town at either of said meet- 
ings shall be and they are hereby declared null and void. 
And William Wo.lcott, Esq^ of Windsor, is hereby appointed 
and fully impowered, to warn a meeting of all the inhabitants 
of said town to be attended at the house of Thomas Gidings in 
said town, at such time as said Wolcott shall appoint, at which 
time and place he is to lead the inhabitants in said meeting 
who by law have a right to vote to the choice of a town-clerk 
and such other town officers as are needful and by law requir- 
ed, and to such other votes as may be proper and necessary for 
the ordering the affairs and business of said iidiabitants. 

Upon the memorial of Nathan Messenger, administrator 
upon the estate of Jonathan Eli late of Windsor, deceased, 
shewing unto this Assembly that the debts and charges on the 
estate of said deceased allowed by the court of probate for the 
district of Hartford surmount the moveable estate of the 
said deceased the sum of £40 15s. 2d. Zq. ; praying for liberty 
to sell so much of the real estate of the said deceased as will 
raise said sum with the incident ciiarges arising thereon, as 
per memorial on file : Resolved by this Assembly, that the 
memorialist have, and liberty to him is hereby granted, to sell 
so much of the real estate of the deceased as to make said sum 
with the incident charges arising thereupon ; taking direction 
of said court of probate therein. 

Upon the memorial of Thomas Johnson of Midletown, ex- 
ecutor of the last will and testament of Thomas Johnson, 



1763.] OP CONNECTICUT. 159 

Esq"", of Midletown, deceased, represcntino; that the debts due 
from said estate are the amount of XllO 15 9 lawful money 
more than the moveables ; prayino:for liberty to sell land &c. : 
Resolved by this Assembly, that the memoralist have liberty, 
and liberty and authority is hereby granted him, to make sale 
of so much of the real estate of said deceased as will procure 
the aforesaid sum of <£110 15 9 L. M. with incident charges ; 
taking advice of the court of probate for the district of Midle- 
town therein. 

Upon the memorial of Josiah Olcott, Andrew McKey, Noah 
Rust, Nathaniel Olcott and others, subscribers thereunto, in- 
habitants of a place called the Five Miles on the east side the 
great river in Hartford, in the east society in said town, rep- 
[23] resenting to this Assembly || that the memorialists live 
some five and some eleven miles from the meetiug-house built 
in said society; praying this Assembly that they may have 
power and authority to tax themselves to procure preaching 
seven months in the year &c. ; as per memorial on file (fee. : 
Resolved by this Assembly, that the memorialists and all liv- 
ing within the limits of said Five Miles have liberty, and lib- 
erty is hereby granted to them, to procure preaching of the 
gospel among themselves seven months in the year annually, 
with power and priviledges to tax themselves for raising mon- 
ey for support of the preaching of the gospel for tlie term 
aforesaid in the same manner, and to that end to choose all 
officers as other societies in said Colony are by law enabled, 
and shall be exempted from the payment of any taxes for sup- 
porting the ministry in said east society : provided they pi'o- 
cure such preaching said seven months. 

Upon the memorial of John Stephens, of Glastonbury in the 
county of Hartford, shewing that he was a soldier in the army 
against Canada in the year 1760, in the troops raised in this 
Colony, and in the company of Capt. Samuel Gaylord, and 
with a warrant for Serjeant in said company under the hand 
of Col. Phineas Lyman, and as such proceeded with said army 
to Montreal, faithfully doing the duty of such his office, and 
had his wages allowed in the pay-roll of said company ; that 
said Capt. Gaylord as pay-master of said company received the 
wages of said company but has failed in his circumstances re- 
specting estate, so that the said Jolin Stephens has never been 
able to procu)-e any part of his said wages : praying for relief 
&c. : Resolved l»y this Assembly, that the Committee of the 
Pay-Table for this Colony be impowered, and they are liereby 
authorized and fully impowered, to notify the said Capt. Gay- 
lord to attend at such time and i)lace as said committee shall 



160 PUBLIC RECORDS [May, 

appoint, to adjust the said matter of tlie said memorialist's 
wages aforesaid, and on finding the circumstances of said 
Capt. Gaylord to be such as aforesaid, to draw on tlie Treas- 
urer of this Colony in favour of said John Stephens for his 
said wages, or such part thereof as shall appear to remain and 
be behind. 

Upon the memorial of John Diggens and Russel Kilborn, 
administrators de bonis 7ion on the estate of Thomas Kilborn 
late of Midletown, deceased, shewing to this Assembly that 
since liberty granted by your Honors at your sessions in May, 
A. D. 1762, to sell lands of said deceased to pay the debts of 
said deceased a furtlier account of debts has been brought 
in against said estate, which have been examined and allowed 
by the court of probate for the district of Midletown, and 
amounts to the sum of £54 18 8 ; thereupon praying for lib- 
erty to sell lands &c. : Resolved by this Assembly, that liberty 
be granted, and liberty is hereliy granted to the memorialist to 
sell so much of the real estate of said deceased as will procure 
the aforesaid sum of <£54 18 8 money, together with the inci- 
dent charges arising on such sale ; taking the direction of the 
court of probate in the district of Midletown therein. 

Upon the memorial of the parish or societ}'' of West Syms- 
bury in the town of Symsbury, representing that they had 
settled a minister, had atlfixed a place for a meeting-house in 
said society, and had proceeded and procured materials for 
building &c. ; praying relief by a land tax &c. : Resolved by 
this Assembly, that a rate or tax of one penny lawful money 
per acre shall be assessed and raised on all the lands within 
the limits of said parish or society annually for the space of 
three years, to commence from the rising of this Assembly, to 
[be] improved for and toward the building a meeting-house 
for divine worship in said society. 

Upon the memorial of Robert Lane, shewing that he, the 
said Robert, listed himself to serve in the campaign in the 
year 1761, under the command of Capt. Giles Wolcott, and 
that during the said campaign he was exposed to great hard- 
ships, by reason of which he lost his eye-sight in great meas- 
ure, and that he has encouragement that his sight might be 
recovered if proper means were used, and that he has no 
means whereby to procure any relief for himself in the case, 
and praying relief of this Assembly, as per memorial on file : 
Whereupon this Assembly grants that there shall be drawn 
out of the Colony treasury by Colo. Samuel Talcott a sum not 
exceeding twelve pounds, to be improved for the recovery of 
the eye-sight of the memorialist at the discretion of the said 
Talcott. 



1763.] OF CONNECTICUT. 161 

Upon the memorial of Worthy Waters and Ruth Brown, 
administrators on estate of John Brown late of Hebron, de- 
ceased, representing to this Assembly that the debts due from 
the estate of said deceased and charges allowed, with some 
allowance made to the relict of said deceased for the support 
of the family of said deceased, over and above what real estate 
of said deceased hath been already sold, surmount the movea- 
ble estate of said deceased the sum of X8 6 L. money, and 
praying for liberty to sell so much of the real estate of said 
deceased as will raise said suui with the incident charges aris- 
ing thereon : Resolved by this Assembly, that the said 
Worthy Waters and Ruth Brown have liberty to sell so much 
of said deceased's real estate as will raise said sum with the 
incident charges arising tliereon ; taking the direction of the 
court of probate in East Haddam district therein. 

[2-i] Upon the memorial of Samuel Thompson, adminis- 
trator on the estate of Thomas Thompson late of New Lon- 
don, deceased, shewing that the debts and charges on said 
deceased's estate amount to .£61 11 2 L. money, and sur- 
mount the personal estate of said deceased the sum of ,£30 12 
9 ; praying liberty to sell so much of the i-eal estate of said 
deceased as shall pay said sum of £30 12 9 with the neces- 
sary charge arising on said sale : Resolved by this Assembly, 
that liberty be granted, and liberty is hereby granted unto the 
said Samuel Thompson, to sell so much of the real estate of 
the said Thomas Thompson, deceased, as shall raise said sum 
of £30 12 9 witli the necessary charge arising on such sale ; 
taking the advice and direction of the court of probate in the 
district of New London in said sale. 

Upon the memorial of Nathaniel Hewitt, administrator on 
the estate of Joseph Turner late of Stonington, deceased, 
(with the will annexed,) shewing that the debts and charges 
on said estate allowed by the court of probate amounted to £76 
2 4, and surmount the personal estate of said deceased the 
sum of £60 10 4, and no provision made in said will to dis- 
charge said debt ; praying liberty to sell so much of the real 
estate of said deceased as shall be sufificient to pay and dis- 
charge the same &c. : Resolved by this Assembly, that liberty 
be, and liberty is hereby granted to said memorialist, to sell 
so much of the real estate of said deceased as will raise said 
sum of £60 10 4 with the incident charge arising on said 
sale ; taking the advice of the court of probate therein. 

Upon the memorial of Benjamin Tucker, of Pomfret in 
Windham, son and one of the heirs of Mr. Joseph Tucker late 
of said Pomfret and now deceased, Josiah Cummins of Kil- 
21 



162 PUBLIC RECORDS {May, 

lingly in said county, fatlicr and natural guardian to Ann 
Cummins and Lucy Cunmiins, minors and children of Ann 
Cummins, deceased, Benjamin Fasset jun., guardian to the 
person and estate of Ephraim Tucker, minor, of the town of 
Pomfrct, Jose])h Lawrence and Mary Lawrence his wife, of 
Killingly, all in said county of Windham, the surviving child- 
ren and heirs of said Joseph Tucker, deceased, and Samuel 
Sumner and Gershom Siiarp, both of said Pomfret, executors 
of the last will and testament of said deceased Joseph Tucker, 
representing to this Assembly that said deceased Joseph in 
his life time, on the 30th of July, 1753, made and executed 
his last will and testament in the words following, viz : 

In the name of God, amen, the 30th of July, 1753, and in the 
27th year of his Majesty's reign, I, Joseph Tucker, of Pomfret 
in the county of Windham and Colony of Connecticut in New 
England, yeoman, being very sick and weak in body but of 
sound mind and memory, thanks be to God therefor, calling 
unto mind the mortality of my body and knowing it is ap- 
pointed unto all men once to die, do make and ordain this my 
last will and testament : that is to say, principally and first of 
all I give and recommend my soul into the hands of God that 
gave it, and my body I recommend to be buried in decent 
and christian burial at the discretion of my executors, noth- 
ing doubting but that at the general resurrection I shall receive 
the same again by the mighty power of God. And touching 
such worldly estate as it has pleased God to bless me with in 
this life, I give, demise and dispose of the same in the following 
manner and form, after my just debts and funeral charges are 
paid. 

Imprimis^ I give and bequeath to my dearly beloved wife 
Mary, the use and improvement of the west end of my now 
dwelling-house in Pomfret, to her sole use and benefit dur- 
ing her natural life. Also 1 give her, my said wife, the whole 
use and profit of all my lands and live-stock to be improved 
and managed for her at the discretion of my executors, and at 
lier death to be decently buried at the charge of my estate at 
the discretion of my executors. Also I give to my said wife 
the use and improvement of all my household goods, or so 
much of them as she shall need for her comfort during her 
natural life. 

Item, I give to my son Benjamin Tucker, or his heirs, all 
my wearing apparrel, excepting my best hat. Also I give to 
my said son Benjamin one pair of oxen, if any be left at the 
decease of my wife. Also 1 give to him, my said son Benja- 
min, my cart and wheels and seed plow, one chain, horse tack- 
ling, beetle and wedges. 



1763.] OP CONNECTICUT 163 

/tern, I give to my son Joshua Tucker or his heirs twenty 
sliillings in bills of credit old tenor, to be paid to him at the 
decease of my wife by my executors. And the reason why I 
give my son Joshua no more is because I have heretofore given 
him his full portion out of my estate. 

Itevi, I give my two grandchildren, the children of my 
daughter Ann Cummins, deceased, five hundred pounds in 
old tenor bills of credit or silver money equal tiiereto at three 
pounds five shillings per ounce, to be paid to them in one 
year after the decease of my wife by my executors ; and if 
either of the said children shall die before she has received 
her legacy, the surviving child to have the whole. And my 
will is that the said five hundred pounds aforesaid be let or 
put to use by my executors to and for the benefit of my said 
grandchildren till they shall come of age or be married, and 
then to receive the same. 

Item, I give my grandson Ephraim Tucker, the son of my 
son Joseph Tucker deceased, my gun and sword and best hat. 

Item^ I give my son in law Joseph Lawrence one large 
plow, one chain and one iron bar ; and my will is that my 
daughter Mary Lawrence, wife of Joseph Lawrence of Kil- 
lingly, and my grandson Ephraim Tucker aforesaid shall 
have my live-stock of all sorts, horses, cattle, sheep, or swine, 
and to be equally divided between them the said Mary Law- 
rence and Ephraim Tucker after the decease of my said wife. 
Also I give to my said daughter Mary Lawrence all my house- 
hold goods within doors, excepting two of the best pewter plat- 
ters, which I give to my two grandchildren aforesaid, the 
children of ray daughter Ann Cummins, deceased. And my 
will is that all my land and buildings shall be sold by my exe- 
cutors after the decease of my wife, and that the money or 
price thereof after the five hundred pounds is paid as afore- 
[25] said, equally divided among and || between my son Ben- 
jamin Tucker, or his heirs, and my daughter Mary Lawrence 
and my grandson Ephraim Tucker, or their heirs ; and if 
either of them shall die before a division be made of said 
estate then my will is that the survivors shall have the whole. 
And I do hereby constitute, make and ordain Deacon Sum- 
ner and Mr. Gershom Sharp, both of Pomfret in the county 
of Windham, my sole executors to this my last will and tes- 
tament. And I hereby utterly disallow, revoke and annul all 
other and former wills and testaments by me in any wise 
made or named, ratifying and confirming this and only this 
to be my last will and testament. 

In witness whereof I have hereunto set my hand and seal 



164 PUBLIC RECORDS [May, 

the day and year first above written. Signed, sealed, pub- 
lished, pronounced and declared by the said Joseph Tucker as 
his last will and testament in presence of us subscribers. 

Robert Coats. , s 

Oliver Cheeney. Joseph Tucker, j seal | 

Elizabeth Saunders. ^ — — * 

And that said Joseph Tucker soon after died, and that 
said will was by said executors exhibited to the court of pro- 
bate in and for the district of Pomfret, and by said court 
proved, approved and recorded, and said executors accepted 
the trust therein reposed in them, and that said executors 
proceeded therewith according to law and the directions in 
said will given ; and that soon after, to wit on or about the 
5th day of January, 1755, the whole of the files and records 
of said court of probate was burnt and consumed by fire in 
and with the dwelling-house of Mr. Penuel Bowen, then clerk 
of said court of probate ; and that before said files and records 
were burnt as aforesaid, said Gershom Sharp, one of said exe- 
cutors, took out a copy of said will said by said Gershom 
Sharp to be a true copy of said will, which has been since 
lodged in the files of said court and is the only evidence re- 
maining of said will; thereupon praying this Assembly to 
order the whole of the estate of said deceased may be settled 
and disposed of and with according to the tenor of the will 
aforesaid, and that the aforesaid copy may be recorded in the 
records of said court of probate &c., as per memorial on file 
appears : Resolved by this Assembly, that the estate of the 
said Joseph Tucker may and shall be disposed of and dealt 
with according to the directions in said will given, and that 
the aforesaid copy shall and may be recorded in the records 
of said court of probate, and have the same force and effect 
in law as the original will might or could have had. 

Upon the memorial of Lucy Giddings, administratrix on 
the estate of James Giddings, late of Norwich in New Lon- 
don county, deceased, shewing to this Assembly that the 
debts and charges allowed by the court of probate in the dis- 
trict of Norwich against the estate of said deceased sur- 
mount the personal estate the sum of ^13 6 3, and praying 
for liberty and authority to sell of the real estate of the said 
deceased sufficient to raise said sum and the incident charges 
arising on such sale : Resolved by this Assembly, that the 
said administratrix have liberty and authority, and it is here- 
by granted unto her, to sell so much of the real estate of 
the said deceased James Giddings as to raise the said sum of 
j613 6 3 and the necessary charges arising on such sale; she 



1763.] OF CONNECTICUT. 165 

taking the direction of the court of probate for the district 
of Norwich therein. 

Upon the memorial of Ann Harriss of Plainfield, admin- 
istratrix on the estate of Daniel Harriss late of Plainfield, 
deceased, shewing to this Assembly that the debts &c. due 
from the estate surmount the personal estate of the said 
deceased the sum of £61 15 9 L. money; praying for liberty 
to sell so much of the real estate of said deceased as will pay 
said sum with the charge of sale <fec., as ])er memorial on file : 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty is hereby granted and the said Ann Harriss wdth 
William Park of said Plainfield impowered to sell so much of 
the real estate of the said deceased Daniel Harriss as shall be 
sufficient to pay the said sum of £61 15 9 lawful money 
with the necessary charges of sale ; taking the advise and 
direction of the court of probate for the district of Plainfield 
therein. 

Upon the memorial of Jonas Marsh, one of the executors 
of the last will and testament of Jonathan Fellows, late of 
Canaan in the district of Sharon, deceased, representing to 
this Assembly that the debts due from the estate of said de- 
ceased surmount the moveable part of said estate the sum of 
£24 12s. Id. 2q. lawful money, and that the Hon^ic General 
Assembly two years ago appointed and impowered Mr. Isaac 
Lawrence of said Canaan to sell so much of the lands of said 
deceased as to procure said sum &c., which he has neglected 
and still neglects to do, and that said debts still remain un- 
paid, and praying that the memorialist, or some other meet 
person, may be appointed to sell so much of the lands of said 
deceased as to procure said sum of £24 12 7i lawful money 
with incident charges, as per memorial on file <fec. : Resolved 
by this Assembly, that the memorialist have liberty and he is 
hereby impowered, in the room of the said Isaac Lawrence, 
to sell so much of the lands of the said Jonathan Fellows, 
deceased, as to procure the sum of £24 12 71 lawful money 
with incident charges ; taking direction of the court of pro- 
bate for the district of Sharon therein. 

[26] On the memorial of Ann Markham, administratrix on 
the estate of Israel Markham late of Endfield in the district of 
Hartford, deceased, praying for liberty to make sale of so 
much of the real estate of the said deceased as will raise the 
sum of £129 9 10 lawful money, for the payment of debts 
&c., as per memorial on file: Resolved by this Assembly, 
that the memorialist and Mr. Edward Collins of said End- 
field have liberty, and it is hereby granted that the said me- 



166 PUBLIC RECORDS [May, 

morialist and the said Edward Collins be impowered to sell 
so much of the real estate of the said deceased as will raise 
said sum of .£129 9 10 lawful money with incident charge 
of sale ; taking the advice of the court of probate for the dis- 
trict of Hartford therein, for the payment of said debts and 
charge. » 

Upon the memorial of James Bird of Salisbury, adminis- 
trator upon the estate of Nathaniel Bird late of said Salis- 
bury, deceased, shewing that the debts due from the estate of 
said deceased surmount the moveable part thereof the sum of 
<£184 12 10 2 lawful money, praying for liberty to sell so 
much of the lands of the said deceased as to procure said 
sum with incident charges ; as per memorial on file &c. : Re- 
solved by this Assembly, that the memorialist have liberty 
and he is liereby impowered, to sell so much of the lands of 
the said Nathaniel Bird, deceased, as to procure the said sum 
of £184 12 10 J lawful money with incident charges; taking 
the direction of the court of probate for the district of 
Sharon therein. 

Whereas on the memorial of Samuel Eastman of Ashford 
to this Assembly at their sessions at New Haven at October 
last, representing that in the report of a former committee, 
viz: Zebulon West &c., who were appointed to settle the line 
between Stafford and Union according to Farrar's run <fec., 
was a mistake ; praying for another committee : whereupon 
this Assembly at their sessions aforesaid appointed Shubael 
Conant, Jabez Fitch, Esq", and Colonel William Pitkin a 
committee, to repair to said place, hear the parties, consider 
and determine with respect to said line &c., and their report 
thereon make to this Assembly, which said last-mentioned 
committee, by reason of sickness and indisposition of one of 
them, have not been able to accomplish said affair : There- 
upon this Assembly do reappoint said committee for the pur- 
pose aforesaid, to proceed according to the act aforesaid, and 
their report make to this Assembly at their session at New 
Haven in October next. 

Upon the memorial of Joshua Moore, executor to the last 
will and testament of Joshua Moor late of New London, de- 
ceased, shewing that the debts and charges on said estate 
allowed by the court of probate with a list of debts still due 
amount to X109 15 5 and surmount the personal estate of 
said deceased the sum of <£31 1 5, and no provision made in 
said will to discharge the same ; praying liberty to sell so 
much of the real estate of said deceased as shall be sufficient 
to pay said sum with the incident charge arising on such sale 



1763.] OF CONNECTICUT. 167 

&c. : Resolved by this Assembly, that liberty [be] and liberty 
is hereby granted to said executor, to sell so niucli of the 
real estate of said deceased as sliall raise said sum of X31 1 
5 with the incident charge arising on said sale ; taking the 
advice and direction of the court [of] probate for the district 
of New London in said sale. 

Upon the memorial of Hiell Buel, administrator of the es- 
tate of John Marbil late of Killingworth, deceased, shewing 
to this Assembly that the debts and charges due from said es- 
tate surmount the moveable estate of said deceased the sum 
of X22 10 0, and praying for liberty to sell so much of the 
real estate of said deceased as to raise said sum &c., as per 
memorial on file : Resolved by this Assembly, that the me- 
morialist have liberty, and he is hereby fully impowered, to 
sell so much of the real estate of said deceased as may be suf- 
ficient to raise said sum with incident charges arising on such 
sale ; taking the direction of the court of probate in the dis- 
trict of Guilford therein. 

Upon the memorial of William Adams of New London, 
guardian to Eliphalet Bulkley son to John Bulkley late of Col- 
chester, Esq"", now deceased, representing that it was the pur- 
pose of the said John Bulkley in his lifetime to have given his 
said son the best education the country could afford, but de- 
ceased immediately before such education or any special pro- 
vision therefor was had or made, and that said Eliphalet's es- 
tate being abundantly more than sufficient to afford such ed- 
ucation, and that it all lies in lands mostly unimproved and 
some part of it in small pieces separate from the rest, which 
might be sold and the avail thereof laid out for the said Eliph- 
alet's college education, much for his interest and benefit ; 
praying liberty to sell so much of said lands as would be suffi- 
cient for giving him a liberal education, he being now in his 
first year at Yale College : Resolved by this Assembly, that 
the said William Adams have liberty, and liberty and author- 
ity is hereby given him, to sell so much of the lands and real 
estate of said Eliphalet Bulkley as the avails thereof will be 
sufficient to satisfy for giving him a college education until he 
shall or might have taken his first degree ; taking the advtce 
of the court of probate for the district of East Had dam. 

[27] Upon the memorial of Ichabod Wheeler of Fairfield, 
captain of the first military company in the first society in 
Fairfield, representing to this Assembly that said coini)any is 
so small that there is scarce soldiers enough included therein 
to perform militaiy exercise &c. ; praying that the limits of 
said company may be enlarged &c., as per memorial on file : 



168 PUBLIC RECORDS [May, 

Resolved by this Assembly, that the limits of said first 
company shall be extended so far westerly as to the 
highway that leads from the mouth of the beach to the meet- 
ing-house in said society ; thence running up by the house of 
Ephraira Burr ; thence to the west side of the round hill ; 
thence running by the dwelling-house [of] Ezekiel Bull to the 
Mill River, and that said highway shall be the dividing line 
between said company and the second military company in 
said society, and that the inhabitants living between said high- 
way and the highway that leads from tlie gate nearthe dwell- 
ing-house of Daniel Jennings jun., and from thence running 
to the two mile rock, and thence to the Mill River, being the 
former westerly boundary or limit of the first company, shall 
be annexed to and included within the limits of said first com- 
pany and be under like regulations. 

Upon the memorial of Lucy Newel, administratrix of the 
estate of Loftus Newel late of Killingsworth, deceased, shew- 
ing to this Assembly that the debts and cliarges due from said 
estate surmount the moveable estate of said deceased the sura 
of £25 16 0, and praying for liberty to sell so much of the real 
estate of said deceased as to raise said sum &c. ; as per me- 
morial on file : Resolved by this Assembly, that the memo- 
rialist with Dan Kelsey have liberty to sell so much of the real 
estate of said deceased as may be sufficient to raise said sum 
with incident charges arising on such sale ; taking the direc- 
tion of the court of probate in the district of Guilford therein. 

Upon the memorial of Alexander Phelps, agent for the first 
society in the town of Hebron, shewing to this Assembly that 
in the distribution of the bonds given for the sale of the town- 
ship of Norfolk, the committee distributed and set to the town 
of Hebron a bond given to the Governor and Company of this 
Colony by Joseph Phelps and Joseph Phelps jun., due there- 
on when divided £170 4 6, and set by said committee £98 4 
to Hebron, £54 16 4 to Tolland, £9 9 to Wellington, and 
£7 15 2 to the town of Stafford, and that said Joseph the 
elder being deceased said Joseph the younger being sued and 
judgment given against him, and he not having any goods or 
clmttels the execution is levied on the land of the said Joseph 
and apprized and set off to the said Governor and Company ; 
praying that some suitable person may be appointed to sell tbe 
land taken by execution and pass a deed thereof, and the money 
received therefor to pay to the committee of the schools of the 
town of Hebron, to be paid out to the other towns according 
to said proportion set out by the committee : Resolved by this 
Assembly, that John Phelps and Alexander Phelps, of said 



1763.] OF CONNECTICUT. 169 

Hebron, be a committee, and they are hereby appointed a com- 
mittee with full power, to sell and convey the land taken on 
said execution and pay the money to the committee of the 
schools in Hebron, to be paid out according to distribution of 
the committee appointed to distribute said bonds, to be im- 
proved for the benefit of the schools agreeable to the act of this 
Colony relative thereto. 

Upon the memorial of Joseph Bushnel, John King, Jona- 
than French, David Longbottom and James Longbottom jun., 
all of Norwich, living within the limits of the society of Han- 
over, shewing to this Assembly that in the grant of Assem- 
bly constituting said society of Hanover the said memorialists 
were excluded and left to remain to the society of Newent in 
said Norwich, that their situation is such as renders it ex- 
tremely inconvenient for them to continue to l)elong to said 
Newent society, and praying to l)e annexed to said Hanover 
&c., as per memorial on file : Resolved by this Assembly, 
that said Joseph Bushnal, John King, Jonathan French, Da- 
vid Longbottom and James Longbottom jun., with their es- 
tates, be and they ore hereby excluded from said Newent and 
annexed to said Hanover society, to be and belong to said 
Hanover society, to enjoy the same liberties, powers and priv- 
iledges in common with other inhabitants of said Hanover so- 
ciety, as by law they said inhabitants have right to, and also be 
subjected to the same duties &c. as the other inhabitants of 
said Hanover society are by law. 

Upon the memorial of Robert Cleland of New London, 
school-master to the Mohegan Lidians, shewing to this Assem- 
bly that sundry of the parents of the Indian children belong- 
ing to his school aforesaid have died in the King's service, 
and others of them are under such needy circumstances that 
they are unable to provide diimers for such of their children 
as ought to attend, whereby the good ends proposed are liable 
to 1)6 injured &c. ; praying that some small allowance might 
be paid out of the public treasury for that purpose &c., as per 
memorial on file : Resolved by this Assembly, that the sum 
of seven pounds in bill of this Colony [be paid] to said memo- 
rialist, to be applied to the use and purpose aforesaid, taking 
the advice and direction of the Rev' Mr. David Jewit and 
Pygan Adams, Esq"", therein ; and the Treasurer of this Col- 
ony is herel)y ordered and directed to pay the same accord- 
ingly. 

Upon the memorial of Nathan Avery, executor to the last 
will and testament of Isaac Frink late of Stonington, deceas- 
ed, shewing that the debts and charges on said estate amount 
22 



170 PUBLIC RECORDS [May, 

to .£786 18 5, and surmount the personal estate of said de- 
[28] ceased the sum of X73 2 9, and || no provision made in 
said [will] to discharge the same ; praying liberty to make sale 
of so much of the real estate of said deceased as shall enaljle him 
to raise and pay the aforesaid sum of <£73 2 9 with the inci- 
dent charges arising on said sale &c. : Resolved by this As- 
sembly, that liberty be and liberty is hereby granted unto said 
memorialist, to sell so much of the real estate of said deceased 
as shall raise the aforesaid sum of £lo 2 9 with the incident 
charge arising on said sale ; taking the advice of the court of 
probate therein. 

Upon the memorial of Joseph Holland, executor to the last 
will and testament of Joseph Holland, Esq"", late of New Lon- 
don, deceased, shewing that the debts and charges which are 
paid by said executor and allowed in the court probate with a 
list of debts which still remain unpaid amount to £802 8 lOi, 
and surmount the personal estate of said deceased the sum of 
£584 7i, and no provision made in said will to discharge 
the same ; praying for liberty to sell so much of the real es- 
tate of said deceased as may be sufificient to raise said sum of 
<£584 7.\ with the incident charge arising on said sale &c.. : 
Resolved by this Assembly, that liberty be and liberty is here- 
by granted unto said executor, to sell so much of the real es- 
tate of said deceased as shall raise said sum of £584 7i to 
discharge said debts with the necessary charge arising on said 
sale ; taking the advice of the court of probate therein. 

Upon the memorial of Asa Manwaring, administrator on the 
estate of Richard Manwaring late of New London, deceased, 
shewing that the debts due from said deceased amount to £40 
0, and that said deceased left no other estate tlian lands, 
and praying liberty to said memorialist to sell so much of the 
lands of said deceased as shall be sufficient to pay said sum of 
£40 with the incident charges arising on said sale &c. : 
Resolved by this Assembly, that liberty be granted, and lib- 
erty is hereby granted to the said Asa Manwaring, to sell so 
much of the real estate of the said deceased Richard Manwar- 
ing as shall raise said sum of £40 with the incident charge 
arising on said sale ; taking the advice of the court of probate 
for the district of New London in said sale. 

Upon the memorial of Abraham Thompson, of Stratford in 
the county of Fairfield, conservator of the person and estate 
of his father Thompson of said Stratford, shewing to this 
Assembly that in his said office and trust as conservator he 
hath expended the sum of £28 12 5 J, praying for liberty to 
have so much of the lands of the said Thomas sold as the 



1763.] OP CONNECTICUT. 171 

avails thereof may answer said sum: Resolved by this Assem- 
bly, that there be so much of the lands of the said Thomas 
sold as will be sufficient to defray and pay said sum of £28 
12 5h with the incident charges, and that Agur Tomlinson, 
Esqr, and Isaiah Brown of said Stratford are hereby author- 
ized, by public vendue or otherwise as shall be thought best, 
to make sale of so much land and make deed or deeds accord- 
ingly, and that the avails of such sale be used to the satisfying 
said expences. 

Upon the memorial of William Maning and Mary Maning, 
administrators on the estate of Asa Payson late of Woodstock 
in the county of Windham, deceased, representing to this 
Assembly that the debts due from the estate of the said 
deceased surmount the personal estate of the said deceased 
the sum of X42 4 10^ lawful money; thereupon praying for 
liberty to sell land etc., as per memorial on file: Resolved by 
this Assembly, that the memorialists have liberty and they 
are hereby impowered, to sell so much of the real estate of 
the said Asa Payson, deceased, as shall be sufficient to raise 
said sum of <£42 4 10| lawftd money and the incident charges 
arising on such sale; taking the direction of the court of 
probate in the district of Pomfret therein. 

Upon tlie memorial of Benjamin Henman, one of the inhab- 
itants of Sonthlierry in the town of Woodbury in the county 
of Litchfield, and the rest of the inhabitants of said parish, 
representing that in November, 1760, said inhabitants voted 
to build a meeting-house in said parish for public worship, 
and that in April, 1761, they applied to the county court held 
at said Litchfield for the county of Litchfield, to appoint a 
committee to ascertain and affix a stake for the building of 
said house, which was accordingly done by said court; that 
said committee afterwards did affix said stake at a place called 
the Pine Tree, and made return of their doings to said court 
in September term 1761, which said doings of said committee 
were by said court rejected and set aside, and a new committee 
appointed for the same purpose ; that said last committee pro- 
ceeded and affixed said stake at a place called Crook Horn 
Brook, in the highway, which doings of said last committee 
were by said county court held at said Litchfield by adjourn- 
ment on the .2d Tuesday of January, 1762, accepted and 
approved; that since the affixing of said last stake new roads 
have been opened from the eastern and western parts of said 
parish, and many other things have intervened, which renders 
the said last place affixed by said committee very inconvenient 
for the building of said meeting-house and gives great dissat- 



172 PUBLIC RECORDS [May, 

isfaction to said inlia])itaiits, and praying tliat the doings of 
said last committee in affixing said place, and of said county 
[29] conrt in accepting the same, || may be set aside, and that 
another committee may be appointed to view, hear, and affix 
such place as will he most for the convenience and quiet of 
said society, and make report &c. : It is therefore resolved by 
this Assemlily, that the doings of said county court in Janu- 
ary, 1762, be wholly reversed and set aside, and that Jabez 
Hamlin, William Wolcott and William Pitkin jun., Esq^^, be 
a committee to view the circumstances of said parish, to hear 
all parties, and to affix such place for the building of said 
house as will be convenient for said society, and to make 
report of their doings herein to the session of this Assembly 
in October next. 

Upon the memorial of Nathan Tibbals, Stephen Stark- 
weather, William Wedge, Jedediah Durkee, William Guthrie 
and Ephraim Guthrie, all of the society of East Greenwich in 
the town of Kent, representing the difficulty of attending 
public worship in said society, and praying to be annexed to 
the society of New Preston, where they can more conveniently 
attend &c. : Resolved by this Assembly, that the memorialists 
and the lands within said parish of East Greenwich south of 
the following line, viz: beginning at the bridge over Shepaug 
River in the road from New Milford to Litchfield, from thence 
a straight line to the southeast corner of Philip Strong's lot 
he now lives on, thence a straight line to the southeast corner 
of the lot Joseph Beamond now lives, thence following the 
south line of said lot to the West Pond, so called, [be] and 
the same is hereby annexed to the said society of New Preston. 

Upon the memorial of Samuel Roberts jun., administrator 
on the estate of John Morley of Glassenbury in the county of 
Hartford, deceased, shewing that the debts and charges due 
from the estate of said deceased, including some small neces- 
saries set out to the widow, surmount the moveable estate of 
said deceased the sum of X83 4 9| lawful money; moving to 
this Assembly for liberty to sell so much of the real estate of 
said deceased as will raise said sum: Resolved by this Assem- 
bly, that liberty be granted, and liberty is hereby granted to 
the memorialist, to sell of the real estate of said deceased to 
raise the sum of £83 4 9f with the incident charges arising 
thereon ; taking the direction of the court of probate for the 
district of Hartford therein. 

Upon the memorial of James Payne, administrator on the 
estate of John Payne late of New Haven, deceased, repre- 
senting that the debts and charges due from said estate sur- 






1763.] OP CONNECTICUT. 173 

mount the moveable part of said estate the sum of X17 7 6 ; 
praying for lil^erty to sell so much of the real estate of said 
deceased as shall raise said sum together with tlie charge of 
such sale: as per memorial on file appears: Resolved by this 
Assembly, that tlie memorialist have lil)erty, and liberty and 
autliority is hereby granted unto him, to sell so much of said 
real estate as to pay said sum together with the charge of 
such sale; taking the direction of the court of probate for the 
district of New Haven therein. 

On the memorial of Joel Phelps, of Norfolk in Litchfield 
county, shewing to this Assembly that sometime in June, 
1761, his dwelling-house took fire and was consumed to aslies, 
and that in said house he had one ten-shilling bill of one of 
the emissions of this Colony which was consumed, of what 
emission he has forgot, as per memorial on file &c. ; praying this 
Assembly to order the Treasurer of this Colony to pay to him 
said sum with the interest &c. : Resolved by this Assembly, 
that the Treasurer aforesaid be ordered, and he is hereby 
ordered, to pay to the said Joel Phelps out of the treasury 
aforesaid the sum of 10s. in the emission of this Colony in 
the year A.D. 1761. 

Upon the memorial of Jemima Mix, administrator on the 
estate of Jabez Mix late of New Haven, deceased, represent- 
ing that the debts and charge, with some allowance to the 
widow, surmount the moveable estate of said deceased the 
sum of =£19 16 10, L. money; praying for liberty to sell so 
much of the real estate of said deceased as to raise said sum 
together with the charge of such sale ; as per memorial on file 
appears : Resolved by this Assembly, that the memorialist 
have liberty, and liberty and authority is hereby granted unto 
her, to make sale of so much of the real estate of said de- 
ceased as shall be sufficient to pay said sum together witli the 
charge of such sale ; taking the direction of the court of pro- 
bate for the district of New Haven therein. 

Upon the memorial of Jonathan Osborn, administrator on 
the estate of William Maltbie late of Wallingtord, deceased, 
representing to this Assembly that the debts and charge due 
from the estate of said deceased surmount the moveable 
estate tlie sum of £34 4 1, L. money; praying for liberty to 
sell so much of the real estate of said deceased as shall be 
sufficient to pay said sum together with the charge of such 
sale, as by the memorial on file appears : Resolved by this 
Assembly, that the memorialist have liberty, and liberty and 
[30] II authority is hereby granted unto him, to make sale of so 
much of said estate as shall be sufficient to pay said sum to- 



174 PUBLIC RECORDS [May, 

gether with the charge of such sale ; taking the direction of 
the court of probate in the district of New Haven therein. 

Upon the memorial of Joseph Hopkins, of Waterbury in 
the county of New Haven, justice of peace for said county, 
representing that on the 25th day of May last, Timothy Upson 
of Farmington delivered up to him a forty-shilling bill of 
credit of this Colony emitted March the 4th, 1762, altered in 
the date to 1760, and hoping to have found out the person 
making such alteration endeavoured after the same unsuccess- 
fully till he had expended in labour and expences to the amount 
of X4 14 8, and that the bill*is in his hand ready to be de- 
livered up ; praying for relief, as by memorial on file : Re- 
solved by this Assembly, that said Joseph Hopkins have out 
of the Colony treasury the sum of £4 14 8 money, for said 
expences, and also the value of said bill of forty shillings 
with the proper interest thereon ; and the Treasurer is hereby 
required to pay the same accordingly, upon delivery of said 
bill to him, the Treasurer. 

Upon the memorial of Thomas Morley, executor to the last 
will and testament of Elihu Wright late of Glastonbury, de- 
ceased, shewing that the debts and charges due from the 
estate of said deceased, including some small necessaries set 
out to the widow, surmounts the moveable estate of said 
deceased the sum of .£19 19 5h lawful money ; moving to this 
Assembly to sell so much of the real estate of the said de- 
ceased as will raise said sum : Resolved by this Assembly, 
that liberty be granted, and liberty is hereby granted to the 
memorialist, to sell of the real estate of said deceased to raise 
the sum of <£19 19 5^ of said estate, with the incident 
charges arising thereon ; taking the direction of the court of 
probate for the district of Hartford therein. 

Upon the memorial of Ebenezer Benham of Waterbury, 
and Hannah Benham of New Haven, executors of the last 
will and testament of Ebenezer Benham late of New Haven, 
deceased, representing to this Assembly that the debts due 
from the estate of said deceased &c. surmount the moveable 
estate of said deceased the sum of X104 12 8 J lawful money, 
and that the deceased had not made provision for the payment 
thereof; as per memorial on file &c. : Resolved by this 
Assembly, that the said Ebenezer Benham have liberty, and 
liberty and authority is hereby granted unto him, to make 
sale of so much of the real estate of said deceased as shall 
be sufficient to pay said sum with the charge of such sale ; 
taking the direction of the court of pro!)ate for the district 
of New Haven therein. 



1763.] OF CONNECTICUT. 175 

Upon the memorial of the inhabitants of the first society 
in Waterbnry, representing that this Assembly in October last, 
on a memorial then preferred by Joseph Adkins and others 
who ])rayed to be made a distinct ecclesiastical society within 
certain bounds and limits described in said memorial &c., 
lying partly in the town of Farmington and partly within 
said first society of Waterbnry, and that thereon liberty was 
granted to the said Adkins and others within the limits afore- 
said during the pleasure of this Assembly to hire preaching 
among themselves five months in ever}'^ year and to be freed 
from paying taxes to other societies &c. ; that within the 
aforesaid limits granted to said Adkins &c, are included all 
the inhabitants in the northeast quarter of said first society 
except two or three families, by which means their meeting- 
house is thrown from the center into an extream part of tha 
society, and has a dangerous aspect tending to their destruc- 
tion as a society ; praying for relief &c.: Resolved by this 
Assembly, that (at the cost of the memorialists) Messrs. 
Daniel Lyman, Roger Sherman and Samuel Bishop jun., of 
New Haven, be and they are hereby appointed a committee 
to repair to and view the circumstances of the said first 
society of Waterbury, and also the situation and circumstan- 
ces of all those living within the limits granted to said Joseph 
Adkins &c., and the lands in Farmington adjoining, and to 
hear all parties, and to make report of what limits tliey shall 
judge most for the peace and benefit of all concerned, with 
their opinion on the whole, to this Assembly at their sessions 
in October next. 

Upon the memorial of Benjamin Bull of Milford, conserva- 
tor of Sybil Bull of said Milford, shewing to this Assembly 
he halh expended the sum of <£53 13 9j more than the rent 
i)f her estate, which is only in lands, amounts to, and that 
tliere is no personal estate belonging to said Sybil to satisfy 
the said sum of <£53 13 9i ; praying that some meet person 
may be appointed and impowered to sell so much of the real 
estate of the said Sybil as shall amount to the sum aforesaid 
with the incident charges arising thereon, and to give and 
execute a deed or deeds therefor : Resolved by this Assembly, 
that the said Benjamin Bull have liberty and be impowered, 
and he is hereby impowered, to sell so much of the real estate 
of the said Sybil as shall make the sum of .£53 13 9h to- 
gether with the incident charges arising thereon, as prayed 
for, and to give and execute any proper deed or deeds as shall 
be necessary herein. 

[31] Upon the memorial of Abraham Davenport, John Holly, 



176 PUBLIC RECORDS [May, 

Charles Webb and Samuel Bishop, selectmen of the town of 
Stamford in Fairfield county, slicwin"- that Silas Slason of 
said Stamford for many years past hath been and now is dis- 
tracted and nori compos mentis and under the care of the select- 
men of said town ; that the selectmen of said town A.D. 1756, 
obtained liberty of the Assembly to sell a small parcel of land, 
which fell to him, said Silas, by the death of his brother Jon- 
athan, which they sold and with the avails tliereof supported 
the said Silas five years ; tliat for two years past said Silas 
hath l)een maintained by his brother George Slason at the 
desire of the selectmen of said town, exjiecting a recompence 
from them ; that the only estate said Silas hath is one fourth 
part of the real estate of Nathan Slason, a deceased brother 
of said Silas, which is worth not more than thirty or thirty- 
,five pounds, and hath not been divided and cannot be im- 
proved to considerable advantage ; and thereupon praying to 
be impowered to sell said real estate &c., as per memorial on 
file: Resolved by this Assembly, that the said memorialists 
have liberty and they are hereby impowered, to sell said real 
estate of said Silas and with the avails therefor to pay for 
the maintenance of the said Silas the -two years past, and to 
improve the remainder for his future suppoi t. 

Upon the memorial of Amos Green and Elizabeth Green, 
administrators on the estate of Abraham Cooper late of Kil- 
lingly in the county of Windliam, deceased, representing to 
this Assembly that the debts due from the estate of said de- 
ceased surmount the personal estate of said deceased the sum 
of <£ 20 1 lawful money ; thereupon praying liberty to sell 
land &G., as per memorial on file : Resolved by this Assem- 
bly, that the said Amos Green and Elizabeth Green have lib- 
erty and they are hereby impowered, to sell so much of the 
real estate of the said deceased as shall be sufficient to raise 
said sum of .£20 1 lawful money, for the payment of said 
debts and the incident chai'ges arising on such sale ; taking 
the direction of the court of probates for the district of Pom- 
fret therein. 

Upon the memorial of Mary Wakefield, administratrix 
on the estate of Simeon Wakefield late of Killingly in the 
county of Windham, deceased, representing that the debts 
due from the estate of said deceased, with some necessaries to 
the widow, surmount the personal estate of said deceased the 
sum of <£17 15 IH lawful money ; praying for liberty to sell 
lands (fee, as per memorial on file : Resolved by this As- 
semlily, that the said Mary Wakefield of Killingly have lib- 
erty and she is hereby impowered, to sell so much of the real 



1763.] OF CONNECTICUT. 177 

estate of the said Simon Wakefield, deceased, as shall be suf- 
ficient to raise said sum of £11 15 111, for the payment of 
said debts and the incident charges arising- on such sale ; tak- 
ing the direction of the court of probate in the district of 
Pomfret tlierein. 

On the memorial of Mabel Corbet, administratrix on the 
estate of John Corbet late of Farmington, deceased, shewing 
to this AssemV)ly that the debts and charges due from said 
estate surmount the moveable part thereof the sum of JjIQ 5 
21 ; thereupon praying for liberty to sell real estate &c : 
Resolved, that the memorialisf with the assistance of Deacon 
James Smith of said Farmington have liberty, and liberty is 
hereby granted them, to make sale of so much of the real es- 
tate of said deceased as will procure the aforesaid sum of XIG 
5 2} lawful money, together with the incident charges aris- 
ing on such sale ; taking the directions of the court of probate 
for the district of Hartford therein. 

Upon the memorial of Mary Belding, administratrix on the 
estate of Charles Belding late of Stamford in Fairfield county, 
deceased, representing that the debts due from the estate of 
said deceased, with some necessaries allowed to the widow, 
surmount the personal estate of said deceased the sum of 
X468 3 1, L. money, and thereupon praying liberty to sell land 
&G., as per memorial on file : Resolved by this Assembly, that 
the said Mary Belding and John Belding of said Stamford 
have liberty, and they are hereby impowered, to sell so much 
of the real estate of said deceased as shall be sufficient 
to raise said sum, for the payment of said debts and the inci- 
dent charges arising on such sale ; taking the direction of the 
court of probate in the district of Stamford therein. 

Upon the memorial of Sarah Pelton of Stamford in Fair- 
field county, administratrix on the estate of Robert Pelton 
late of Stamford, deceased, shewing to this Assembly that tlie 
debts &G. due from the estate of said deceased surmount the 
])crsonal estate of said deceased the sum of £37 7 Si lawful 
money, and thereupon praying to be impowered to sell so 
much of the real estate of said deceased as shall be suffici- 
ent to raise said sum <fcc., as per said memorial on file &g. : 
Resolved by this Assembly, that the said memorialist have lib- 
erty and she is hereby impowered, to sell so much of the real 
estate of said deceased as shall raise said sum of X37 7 3i 
lawful money, and answer the charges arising on such sale ; 
taking the direction of the court of probate for the district of 
Stamford therein. 
23 



b 



178 PUBLIC RECORDS [May, 

Upon the memorial of Jemima Mead of Greenwich in Fair- 
field county, administratrix on the estate of James Mead late 
of said Greenwich, deceased, representing that the debts &c. 
due from said estate etc. surmount the personal estate of said 
deceased the sum of X4G 5 21 lawful money, and praying 
for liberty to be iinpovvered to sell so much of the real 
estate of said deceased as shall be sufficient to raise said 
sum &c., as per memorial on file : Resolved by this As- 
sembly, that the said memorialist have liberty and she is hereby 
impowered, to sell so much of the real estate of said deceased 
as to raise said sum and defray the incident charges arising 
on such sale ; taking the direction of the court of probate in 
the district of Stamford therein. 

[32] Upon the memorial of Thomas Stimson and Sarah 
Stimson, administrators on the estate of Amos FuUar late of 
Wellington, deceased, shewing to this Assembly that the 
debts and charges due from the estate of said deceased sur- 
mount the personal estate of said deceased the sum of X9 18 
7, lawful money ; praying for liberty to sell so much of the 
real estate of the said deceased as to raise said sum with the 
necessary incident charges arising on said sale : Resolved by 
this Assembly, that the memorialists have liberty and they are 
hereby impowered, to sell so much of the real estate of the 
said deceased as to raise the sum of X9 18 7, lawful money, 
for the payment of said debts, together with the necessary in- 
cident charges arising on said sale ; taking the direction of 
the court of probate in the district of Hartford therein. 

Upon the memorial of Samuel Jarvis, of Stamford in Fair- 
field county, administrator on the estate of Samuel Scofield 
the 4th late of said Stamford, deceased, shewiiig to this As- 
sembly that the debts &c. due from the estate of said de- 
ceased surmount the personal estate of said deceased the sum 
of ^61 1 3, lawful money, and thereupon praying to be im- 
powered to sell of the real estate of said deceased to raise 
said sum &c., as per said inemorial on file : Resolved by this 
Assembly, that the said memorialist have liberty and lie is here- 
by impowered, to sell of the real estate of said deceased to 
raise said sum for the payment of said debts, and also so 
much as shall be necessary to defray the charges arising on 
such sale ; taking the direction of the court of probate for the 
district of Stamford therein. 

Upon the memorial of Eunice Hibbard, administratrix on 
the estate of Mr. Seth Hibbard late of Killingly in the county 
of Windham, deceased, representing that the debts due from 
the estate of said deceased, with some necessaries allowed to 



1763.] OP CONNECTICUT. 179 

the widow, surmount the personal estate of the said deceased 
the sum of £17 10 6, lawful money, and thereupon ])raying 
for liberty to sell land <fcc., as per memorial on file : Resolved 
by this Assembly, that the said Eunice Hibbard have liberty 
and she is here)»y impowercd, to sell so much of the real es- 
tate of the said Seth Hibbard as shall be sufficient to raise 
said sum of seventeen pounds ten shillings and six pence, 
lawful money, and the incident chari!:es arisiu"; on such sale ; 
tnkine; the direction of the court of ])i'ol)atc in the district of 
Pomfi-et therein. 

Upon the memorial of Submit Pierson, administratrix of 
tlie estate of Ephraim Pierson jun., late of Guilford in the 
county of New Haven, deceased, shewing; to this Assembly 
that the debts and charges due from said estate surmount 
the moveable estate of said deceased the sum of £2\) 13 4, 
and that the whole amounts to no more than £4o 0, which 
consists of one quarter of an acre of land, and praying for 
liberty to sell the same &c., as per memorial on file : Resolved 
by this Assembly, that Mr. Isaac Stow of said Guilford have 
lil)erty and he is hereby fully impowered, to make sale of the 
whole of said real estate in order to pay the sum of £2\) 13 4 
with incident charges arising on said sale, and the remainder, 
if any be, to lie disposed of by direction of the court of pro- 
bate as the estate of said deceased ; taking the direction of 
the court of probate in the district of Guilford in the sale of 
said estate. 

Upon the memorial of Nathaniel Humphry and Elihu 
Humphry, administi-ators on the estate of Jolin Plumphry, 
Esqf, late of Symsltury, deceased, shewing that the de])ts and 
charges due from said estate, with necessaries set out to 
the widow of said deceased, surmount the moveable part 
of said estate the sum of XI 07 19 1, lawful money, for pay- 
ment whereof [they] have no moveable estate in their hands 
to pay the same ; praying for liberty to make sale of so much 
of the real estate of said deceased as will be sufficient to raise 
said sum of <£107 19 1, lawful money, with incident charges 
thereon, as per memorial on file &c. : Resolved l)y this As- 
sembly, that the memorialists have liberty, and liberty is 
herelty granted to said memorialists, to make sale of so much 
of said real estate as shall l)e sufficient to raise said sum with 
incident charges arising thereon ; taking the advice of the 
court of prol)ate for the district of Hartford therein. 

Whereas upon the niemorial of Abigail Hul)bel of Fairfield, 
widow of Capt. Samuel Ilubbel late of Fairfield and now de- 
ceased, preferred to this Assembly at their sessions in Oc- 



180 PUBLIC RECORDS [Mfiy, 

tober last at New Haven, then representing to this Assembly 
that her said husband was in the year 1760, a captain of a 
com])any raised by this Colony for his Majesty's service to the 
nortliward, and that he carried away with him above XI 00 
of the monies which he received out of the Colony treas- 
ury, with design therewith to supply the soldiers of his com- 
pany as they should happen to sicken and stand in need, and 
that she verily believes said monies to have been so expended, 
but that said Capt. IIub])cl was taken with and died with the 
small-pox before his return, and that all his accounts were 
lost, and she is thereby disabled to find out who received 
those monies, and that the estate of said Hubbel is now in- 
debted to this Colony for about <£ 96 of said money there ; 
praying that a committee might be appointed to enquire into 
the matters in said memorial alledged, as per memorial on 
file a]>pears : whereupon it was then ordered and resolved 
by this Assembly, that Andrew Burr and David Rowland, 
Esq""^, should be a committee to enquire into and examine the 
[33] matters || in said memorial alledged and their report of 
what they found to make with their opinion thereon to this 
present Assembly : and whereas it is represented to this pres- 
ent Assembly that said committee have not yet been able fully 
to enquire into and their report to form of and concerning s^aid 
matters : It is therefore resolved by this Assembly, that said 
committee be and they are hereby reappointed and impowered 
to enquire into and examine all and singular the matters in 
said memorial alledged, and their report of what they find [to 
make] together with their opinion thereon to the General As- 
sembly to be held at New Haven in October next. 

Upon the memorial of Samuel Phelps, administrator on the 
estate of vSilas Tiffany, deceased, shewing to this Asseml)ly 
that he hath obtained liberty of this Assembly to make sale 
of |)art of the real estate of said deceased for the payment of 
debts due from said deceased more than the personal estate 
of said deceased would pay, and that accordingly part of the 
real estate of said deceased has been sold and said del)ts dis- 
charged thereliy, since which time further debts have appear- 
ed against said estate, amounting in the whole to X9 1 9, L. 
money, which there is no personal estate of said deceased to 
pay ; praying that liberty be granted by this Assembly to make 
sale of so much of the remaining real estate of said deceased 
as will be sufficient to pay said sum of £9 1 9, lawful money, 
and the charge arising on said sale, as by the memorial on file 
&c. : Resolved by this Assembly, that the said Samuel 
Phelps have liberty and he is hereby impowered, to make sale 



1763.] OF CONNECTICUT. 181 

of SO much of the remaining real estate of said deceased as 
will be suificieiit to raise said sum of £9 1 9 and the incident 
charges arising on said sale ; taking the direction of the court 
of probate for the district of New London therein. 

Upon the memorial of James Cone, Ebenezer Spencer and 
John Mackall, selectmen of the town of East Haddiim in the 
county of Hartford, representing to this Assembly that one 
Jonathan Hinkley of said town being likely to come to want 
by mismanagement and l)ad husl)andry was by the selectmen 
of said East Haddam with ific advice of Josc]th Spencer, Esq"", 
a justice of peace for said county, in the year 1757, taken 
with his family into the care of said selectmen ; that tliey ac- 
cordingly proceeded to sot up notifications and to take an in- 
ventory of said Hinklcy's estate &c., according to the statute 
in that case made and provided, and that the said Hinkley 
was much in debt and had several helpless children, which 
soon swallowed up all his i)ersonal estate, and that therefore 
the selectmen of said town have sundry times, on their appli- 
cation to the Honouralile Assemldy, obtained lil)erty for sale of 
some of the lands of said Hinkley, the last of which aj»plica- 
tions was made at the sessions of the Assembly in May, 1762 ; 
and also further observed that the said Hinkley and his fami- 
ly still continue in the care of said selectmen, one of said chil- 
dren very expensive, being lame and very impotent, so that 
the charges of supporting said family from May, 1762, to the 
present time amounts to =£28 0, L. money, and that there is 
no moveable estate to pay any part of said sum ; praying lib- 
erty to sell lands &c., as per memorial on file : Resolved by 
this Assembly, that the said John Mackall beimpowercd, and 
he is hereby irapowered, to make sale of so much of the real 
estate of the said Hinkley as will be sufficient to pay said sum 
of £2S 0, L. money, with incident charges, to be by the me- 
morialists improved for the payment of said expences. 

Upon the memorial of Jacob Simons and the rest of the in- 
habitants of the second society in Windham, shewing to this 
Assembly that said society on the 9tli of December, 1762, at 
their public meeting ]>assed sundry votes relative to selling 
and disposing of the pews in the meeting-house in said socie- 
ty to particular persons ; that pursuant thereto a sale was 
made of said pews accordingly, l)ut not in such manner as well 
accommodates the inhabitants of said society ; that said votes 
were unduly obtained &c. ; praying that said votes ttc. may 
be declared void <fec., as per memorial on file ; Resolved by 
this Assembly, that the aforesaid votes of said second society 
in Windham passed on said 9th of December, 1762, relative 



182 PUBLIC RECORDS [May, 

to the selling and disposing of the aforesaid pews in said meet- 
ing-house, referred to in said memorial, and all the proceedings 
thei-eon be, and they are hereby, made null and void, and all 
monies and securities given for any of said pews upon the sale 
aforesaid shall 1)0 returned to the person or persons who gave 
or executed the same, and all contracts made thereby wholly 
cease. 

Upon the memorial of Seth Marshall, William Woodford 
and others, representing that a public road has heretofore been 
laid out and established, to run from the west end of Colonel 
John Whiting's farm across the mountain in Farmington, near 
toMr. Josei)h Woodfords, and so westerly until it meet with 
a highway thro' the notch of the mountains near Cherry's 
Pond, and from thence to the country road by Dudley Cases ; 
that there is great need to have said road cleared and made 
feazible, and that proper and suitable bridges be made there- 
in &G. : Resolved by this Assembly, and it is hereby ordered 
and decreed, that the inhabitants of the said town of Farming- 
ton, at the proper cost of said town, shall and do clear up, 
[84] mend || and make feazible the aforesaid highway from 
Col. John Whiting's farm to the said country road near by 
Dudley Cases, or so much thereof as doth fall within the 
bounds of said town, and that they shall and do make and 
erect suitalde bridges in said road in all places where the same 
may be wanting, and especially over and across the great riv- 
er in said town, to be built at or before the first day of Octo- 
ber, 1764, and in form and manner as shall be convenient and 
safe for travellers, teams, horses <fec., and that the selectmen 
of said town of Farmington shall give an account to this As- 
sembly in May next of tlieir proceedings, and how far they are 
in preparation to accomplish what by this act is enjoined 
them. 

Upon the memorial of Jonathan Belding of Weathersfield 
and the rest of the inliabitants of the town of Weathersfield, 
representing to this Assembly that upon the report of a certain 
committee appointed by the county court held at Hartford on 
the first Tuesday of November, 1762, that there was need of a 
highway to be laid out &c. from the country road leading from 
Weathersfield to Midletown to the landing place at Rocky 
Hill, the said court thereupon summoned a jury to lay out the 
same <fec. and assess damages to particular persons &c. ; that 
said jury made report to said county court held in Hartford in 
April last, that said highway was laid out partly across the 
land of the widow Abigail Grimes of said Weathersfield, and 
that the same took in but one acre and half of said Grimes's 



1763.] OP CONNECTICUT. 183 

land, the same being by said jury apprized at X157 10 0, which 
the memorialists supposed was extravagant &c. ; that said re- 
|)ort being returned to said court just at the close of said court 
the memorialists were by mere misunderstanding or mistaice 
hindered and prevented of making theii' objections against the 
acceptance of said report &c. ; praying that such appointment 
and doing of said jury may be set aside or that a new jury may 
be appointed to assess the damages sustained by taking said 
acre and half of land, or that a committee may be a])]»ointed 
to reapprize and assess the same, or that it may be decreed 
what and how much shall be jmid for said land &c. ; as per 
memorial on file : Resolved by this Assembly, that the me- 
morialists have liberty of a hearing before the county court to 
be liolden at Hartford on the fourth Tuesday of June next by 
adjournment, on the objections that may be made by them 
against the acceptance of the return of said jury, as tho' the 
same had been made in due time ; and that said court are di- 
rected and impowered to proceed and act thereon accordingly : 
the acceptance of said return at said county court in April 
last notwithstanding. 

Upon the memorial of Jonathan Allen of Midletown, con- 
servator of the person and estate of Sarah Allen of Midle- 
town, an idiot, shewing to this Assembly that since he was 
appointed conservator of her and her estate he has expended 
for her and her support, over and above the incomes of her es- 
tate, the sum of <£30 16 0, as by accounts allowed and adjust- 
ed by the county court appears, and that her whole estate is 
not worth more than £40 ; praying for liberty to sell the 
whole of her estate for to pay said sum and for her further 
support tfcc, as per memorial on file : Resolved by this As- 
sembly, that the said Jonathan Allen have liberty and he is 
hereby impowered, to sell all the real estate of the said Sarah 
at public vendue, and what the same shall sell for over and 
above what shall be wanted to pay said sum of X30 16 and 
the incident charges arising shall be improved for her further 
support if she shall live, if not, to be for her heirs. 

Ul)on the memorial of the inhabitants of Haddam, that there 
is real need of a public ferry to be kept on Connecticut River 
at a certain place in said Haddam known l>y the name of 
Brainerds Wharf, where the road or highway leads eastwards 
by Cedar Hill ; praying for the priviledge &g. : It is therefore 
resolved by this Assembly, that the memorialists shall have 
liberty, and the lil)erty and priviledge of erecting and keeping 
of a ferry at the place aforesaid is herel)y granted unto them 
during the pleasure of this Assembly ; and the fare of said ferry 



184 PUBLIC EECORDS [May, 

shall l)e, for man, horse and load, two pence ; for a foot man, 
three farthings ; ox, or other neat kind, three pence ; and for 
sheep, hog, or goat, one fartliing; and that the ferry be under 
the same regulations as the other ferries in this Colony are. 
Upon tlie memorial of the parish of Chelsea in the town of 
Norwich, representing that the General Assembly in May, 
1762,* granted a tax on all the improved lands in said society 
belonging to non-resident proprietors, for the use of said 
society, for ten years, wiiich time is expired, and said society 
yet remaining in low and depressed circumstances, unable to 
support their minister and build a meeting-house, whicii they 
have great need of, without further assistance &c., as per 
[35] memorial on file appears : || Resolved, that the tax so 
granted on the improved lands belonging to non-resident pro- 
})rietors in said society of Chelsea be and the same is hereby 
continued during the pleasure of this Assembly, to be raised 
and collected as heretofore and applied to the uses and pur- 
poses in said memorial mentioned, of supporting the gospel 
and building a meeting-house for public worship in said 
society. 

Upon the memorial of Phineas Sheldon of Sutlield, con- 
servator of Charles Gillit of said Sutlield, praying for liberty 
to sell the real estate of the said Cliailes for his su|)port &c.: 
Resolved by this Asseml-ly, that the said Phineas Sheldon, 
conservator, shall have liberty, and liberty and authority is 
hereby granted unto him, to make sale of the real estate of 
said Charles: the monies produced by such sale to be im- 
proved for past expences of the said Charles to the amount 
of <£83 13 7, lawful money, and the residue, if any be, 
towards his future support. 

Upon the memorial of Isaac Kellogg of New Hartford, Esq"^, 
agent for the inhalutants of the said town of New Hartford, 
shewing to this Assembly that there has been a ruad laid out 
on the cost of this Colony through tlie northeast part of the 
said town of New Hartford, much improved and used by trav- 
ellers and strangers, and that theie is a large river, twelve rods 
in width, the stream swift and the bottom veiy rocky, across 
which said road passes, and that there is much want of a 
bridge over said river, and that the inhabitants are very 
poorly able to pay their public taxes, considering what they 
have done in building a l)ridge heretofore &c. ; and therein 
praying for a tax of one penny one farthing on the acre on 
all the lands in said town belonging to the inhabitants and 
proprietors of the town of New Hartford, as per memorial 

* Should be 1753. Vol. x. 8S. 



1763.] OF CONNECTICUT. 185 

may more fully appear : Resolved by this Assembly, tliat the 
iiihaljitants of the said town of New Hartford and all the 
other proprietors of said town be taxed at one penny one 
fartliing on the acre on all the lands in said town bclon^iiit^ 
to the inhabitants and [jroprictors of the said town; and Sctii 
Smith of said town is hereby appointed and impovvored to 
roUect the said tax and })ay the same to said aj^ent, for the 
puri)Oses aforesaid, with the same power and authority as 
other collectors by law have. 

Upon the representation of Ebenezer Robinson, Ebenezer 
Gallop, William Cutler and Andrew Spalding-, listers for the 
town of Plainfield for the year of our Lord 1761, that the sum 
total of the lists of said town in said year with the fourfold 
and single additions, as the same are entered on the records 
of this Assembly, through a mistake of the listers in their 
return, is but £11446 16 6, which is £3078 1 2 less than the 
sum total of said lists and additions really is as the same are 
returned and entered in the town clerk's office in said town, 
and the constable appointed by said town to gather the country 
taxes on said lists and additions being required by the warrant 
of the Treasurer of this Colony to account only for rates made 
on the first-mentioned sum entered on the records of this 
Assembly as aforesaid, altho' the constable has made the rates 
on the said lists and additions as they are entered in the said 
town-clerk's ofifice, and is by law able to collect the same : It 
is resolved hy this Assembly, that the said sum of £3078 1 
2 be added to the sum of £11446 16 6 already entered 
on the records of this Assemltly as aforesaid, which will 
make the sum-total of the said lists and additions of said 
town £14524 17 8, and that the said constable be required 
to account with the Treasurer accordingly. 

Upon the memorial of John Gallop, Jonas Shepard, Wil- 
liam Williams and John Spaulding, listers for the town of 
Plainlield for the year of our Lord 1757, representing to this 
Assembly that they, the listers, did make additions to the 
general list of said town of said year the sum of £206 
4 in fourfold assessments, and the sum of £370 16 in 
single additions, as the same was returned and entered in the 
town-clerk's office in said town, agreeable to law, and that the 
said additions were not transmitted to this Assembly and 
added to the general list in the records of this Assembly 
according to the direction of law in that case, whereby the 
constable appointed to collect the country taxes on said list by 
the wan-ant of the Treasurer of this Colony is not accounta- 
ble for rates raised upon said additions, tlio' made and col- 
24 



186 PUBLIC RECORDS [May, 

lected by the constable ; as by memorial on file appears : It is 
resolved Ijy this Assembly, that said additions be added to 
the sum-total of the said list of said town as tho' returned 
in proper season, and said constable be required to account 
with the Treasurer for the rates on said additions accordingly. 
This Assembly doth grant to the Honorable Thomas Fitch, 
Esq^, Governor, one hundred and fifty pounds, for his salary 
the first half of the current year ; and the Treasurer is 
hereby ordered and directed to pay the same accordingly. 

This Assembly doth grant to the Honorable William Fitkin, 
Esq"^, Deputy Governor, fifty pounds for his salary the first 
half of the current year; and the Treasurer is hereby 
ordered and directed to pay the same accordingly. 

[36] This Assembl}'" doth grant to Joseph Talcott, Esq^, 
Treasurer, the sum of one hundred pounds, for his salary the 
last year. 

This Assembly doth grant to Joseph Talcott, Esq"", Treas- 
urer, the sum of sixty pounds, for extraordinary services the 
last year. 

This Assembly doth grant to George Wyllys, Esq'', Secre- 
tary, the sum of twenty pounds, for liis salary the last year ; 
and the Treasurer is hereby ordered to pay the same. 

Granted to Titus Hurlburt, Captain of the Battery at New 
London, the sum of X59 0, as by his accounts exhibited 
for his services in taking care of the battery and for the 
wages of himself and his men in the year 1762 ; and the 
Treasurer is hereby ordered to pay the same. 

Granted by this Assembly to Mr. Timothy Green, printer, 
for his last half year's salary, the sum of fifteen pounds, and 
the sum of six pounds four shillings for disbursements as per 
his accounts; and the Treasurer of this Colony is hereby 
ordered to pay the same. 

On the petition of Godfrey Malbone, Esq'', of Newport in 
the Colony of Rhode Island, vs. John Banister of New})ort 
aforesaid, as on file : The question was put, whether any- 
thing should he granted on the prayer of said petition : Re- 
solved in the negative. 

On the petition of George Wyllys, Esq"", of Hartford in 
the county of Hartford, vs. William Stanly of said Hartford, 
as on file : The question was put, whether anything should 
be granted on the prayer of said petition: Resolved in the 
negative. 

On the petition of Stephen Lee, of Litchfield in Litchfield I 
county now of New Miliord in said county, vs. Roger Brun- 
son, Josiali Brunson, Peter Brunson, Jonathan Hitchcock jun., 



1763.] OF CONNECTICUT. 187 

Noali Bnmson and Ruth nough, all of New Mil ford afore- 
said, as on file: The question was put, whether anything 
shoidd be granted on the ])rayer of said petition : Resolved 
in the negative. Oost allowed resj'ondent £?> 7. 

On the petition of Daniel Mclvey of Wallingford in the 
countj of New Haven, i^x. El)cnezer Mix of Hartford in the 
county of Hartford, as on file: The question was jmt, 
whether anything should be granted on the prayer of said 
petition: Resolved in the negative. Oosit allowed respondent 
£2 1 0. 

On the petition of Daniel Foot of Colchester in the county 
of Hartford, vs. Abigail Lord, Patience Lord, Mary Lord, 
Sarah Lord, Elizabeth Lord, Ann Lord and Jerusha Lord, all 
of Colchester aforesaid, as on file: The question was put, 
whether anything should be granted on the prayer of this 
petition: Resolved in the negative. Cost allowed respondent 
£1 8 4. 

On the petition of Josiah Smith of Weathersfield in the 
county of Hartford, vs. Joseph Forbs jun. and Sarah Forlis 
of Weathersfield aforesaid, as on file : The question was put, 
whether anything should be granted on this petition : Re- 
solved in the negative. Cost allotved respondent £3 7. 0. 

On the petition of Jesse Denison of Stonington in the 
county of New London, vs. John Wheaton of Warren in the 
Colony of Rhode Island, as on file : The question was put, 
whether anything should be granted on the prayer of this 
petition : Resolved in the negative. Cost allowed respondent 
£2 10 0. JEx. granted JimeM, 1763. 

On the petition of Gideon Reynolds, Joseph Close and 
Ichabod Ogden, all of Greenwich in the county of Fairfield, 
vs. John Mead of Greenwich aforesaid, as on file ; The 
question was put, whether the prayer of this petition should 
be granted : Resolved in the negative. Cost allowed re- 
spondent £2 9 8. Ex. granted June 1th., 176'). 

On the petition of Richard Smith and Jeduthan Smith, both 
of Glastonbury, vs. Daniel Prat of said Glastonbury, as on 
file : The question was put, whether anything should be 
granted on the prayer of this petition. Resolved in the nega- 
tive. 

The Additions to the Lists of the respective Towns in this Colony for 
the Year 1762 sent in to this Assembly are as followeth. 

Single Fourfold Single Fourfold 

Additions. Additions. Additions. Additions. 

Hartford, fi .€ 

New Haven, 8.37:10: 3 483: 0:0 Windli.am £344 15 fi € li^.l 10 

New London, 193: 0: 230: Hi: Litclifield, 

Fairfield, Wi4: 17: 4 10S4: 12: Norwich, 345: 5: 120.5: IT: 

[37] Stamford, 164: 3: 3 030: 8: Coventry, 3: 5: 3 .'Srrfi: 8: 



188 



PUBLIC RECORDS 



[October, 





Single 


Fourfold 




Single 


Fourfold 




Additions. 


Additions. 




Additions. 


Additioi 


8. 


Torriugton, 


£68 : 


0: 





.£ 






Endfield, 


i386: 


6: 





£ 






Brandfonl, 


414 


8: 


3 








Mansfield, 


135: 


5: 


6 


16: 


0: 





New Milforfl, 














Canaan, 


100: 


6: 





304: 


0: 





Guilford, 


-101 S: 


7 ; 


% 


521: 


8: 





Wallingford, 


1339: 


11: 


7 


592: 


15: 





Parniiiigtoii, 


557: 


0: 





710: 


10: 





BoUon, 


262: 


4: 





381: 


8: 





Milfonl, 


6(i7: 


C: 


13 


109: 


17: 





Cornwall, 


172. 


17: 











Suffleld, 


1134 


11: 











Danbury, 


18: 


3: 





169: 


4: 


8 


Windsor, 


1798: 


10: 





3090: 


0: 





Woathersneld, 


134: 


0: 





441: 


8: 





Voluiitown, 


310: 


13: 





48: 


0: 





Pomfret, 


1429: 


12: 





421: 


8: 





Kent, 


1()04: 


0: 











Stonington, 


1.594 : 


14: 


6 


652: 


16: 





Haddnin, 


104: 


18: 





139: 


15: 


8 


Saybrook, 


945: 


7: 


2 


144: 


0: 





Colchester, 


(144 : 


17: 


6 


020: 


8: 





Glastonbury, 














Stafford, 


1083: 


16: 











Groton, 


687: 


19: 





430: 


17: 





Killingsworth, 


47: 


18: 


6 


120: 


12: 





Waterbury, 


486: 


13: 


3 


23: 


12: 





Tolaiid, 


331: 


3: 





221: 


12: 





Symsbnry, 


2202: 


6: 











Goshen, 








216: 


0: 





Preston, 


2243: 


14: 





404: 


0: 





Dorliy, 


1253 


0: 


10 


160. 


17 





Ridpefield, 


349: 


18: 


10 


54: 


1: 


6 


Halisbiiry, 


70-2: 


19: 


3 


93: 


18: 





Pl.ainfield, 


174: 


16: 


6 








Ilarwinton, 


Kit!: 


13: 





43: 


2: 





Canterbury, 


4.52: 


5: 


6 








New Hartford, 


10: 


15: 





160: 


12: 





Now Town, 


317: 


8: 


9 


318: 


16 





Stratford, 


]55(;: 


10: 


8 


38: 


12: 





Somers, 


338: 


18: 











Norwalk, 


207 : 


13: 


9 


1138: 


13: 





Midletown. 








.381 : 


8: 





Lyme, 


412: 


10: 





12.S2 : 


12: 





Durham, 


116: 


3: 





1(K): 


2 : 





Hebron, 


1499 : 


11: 











Greenwich, 


939: 


17: 


6 


911: 


10: 





Woodbury, 


1224: 


10: 





10: 


0: 





East Haddam, 


210: 


3: 











Sharon, 


101 : 


0: 











Lebanon, 


422: 


5: 





367: 


8: 





Woodstock. 


359 : 


10: 





9: 


10: 





New Fairfield, 


9629 : 


15: 











Killingly, 


8S(i: 


9: 





144: 


0: 





Willington, 


6-^197: 


3: 


6 


679: 


8: 





Ashford", 


204: 


11: 





243: 


C: 




















[89] Anno Regni Regis G-eorgii tertii tertio. 

At a General Assembly of the Governor and Company of 
HIS Ma.testy's English Colony of Connecticut in New 
England in America holden at New Haven in said Colony 
ON the second Thursday of October, being the thirteenth 
day op said month, and continued by several adjourn- 
ments until the third day of November next following, 
annoque Domini 1763. 

Present : 

The Hon'''e Thomas Pitch, Esquire, Cfovernor. 

The Hon'''*' William Pitkin, Fisquire, Deputy Governor. 



Ebcnezer Silliman, Esq' 
Hezekiah Hunington, Esq' 
Andrew Burr, Esq"", 
John Chester, Esq"", 
Benjamin Hall, Esq"", 



Assist- 
ants. 



Daniel Edwards, Esq"", 
Jahez Hamlin, Esq"", 
MathewGriswold, Esq"", 
Shuhael Conant, Esq"", 
Elisha Sheldon, Esq"", 

Jiejn-esentatives or Deputies who attended this Assembly are as 

follow., viz : 

Hartford, Colo. Samuel Talcott, Colo. William Pitkin. 

New Haven, Mr. Daniel Lyman, Mr. Samuel Bishop. 

New London, Capt. Pygan Adams, Mr. William Hilhouse. 

Fairfield, Mr. David Rowland, Mr. David Burr jun. 

Windham, Mr. Samuel Gray, Colo. Eleazer Pitch. 

Litchfield, Colo. Ebenezer Marsh, Capt. Isaac Baldwin. 



1763.] OP CONNECTICUT. 189 

Norwich, Ca])t. Jal)ez Huntington, Mr. Daniel Lothrop. 
Stamford, Colo. Jonathan Halt, Mr. Abraham Davenport. 
Now Milford, Mr. Bushncl Bostwick, Mr. Nathan Gaylord. 
Farmintiton, Capt. Jolm Stron*;, Mr. Soh)mon Whitman. 
Colchester, Mr. Daniel Foot, Mr. John Hojjson. 
Glastonbury, Ca})t. Jonathan Hale, Mr. William Wells. 
New Town, Mr. Al)el Booth, Capt. Henry Glover. 
Ridgfield, Mr. Samuel Olmstead. 

Coventry, Mr. Joseph Strong jun., Mr. Phineas Strong. 
Haddam,.Mr. Hezekiah Brainard. 
Salisbury, Mr. John Everts, Capt. James Landon. 
Milford, Capt. John Fowler, Mr. Robert Treat. 
New Hartford, Ca})t. Isaac Kellogg, Capt. Mathcw Gillit. 
Sharon, Capt. John Williams, Mr. David Foster. 
Branford, Mr. Josiah Rogers, Mr. Samuel Russell. 
Killingly, Mr. Bryan Brown, Mr. William Danielson. 
Cornwall, Mr. Joshua Pierce, Ca,])t. Amos Johnson. 
Stafford, Capt. Isaac Pinney, Mr. Samuel Davis. 
Lyme, Mr. John Lay 2d, Mi". Samuel Selden. 
East Haddam, Capt. Christopher Holms. 
Willington, Mr. Moses Holms, Capt. Abner Barker. 
Tolland, Capt. Zelnilon West, Capt. Joshua Wills. 
Saybrook,Mr. John Shipman, Capt. John Murdock. 
Danbury, Mr. Samuel Dickinson, Mr. Samuel Taylor. 
Killingsworth, Capt. Theophilns Morgan, Capt. Elnathan Stev- 
ens. 
Durham, Colo. Elihu Chaunccy, Capt. James Wadsworth. 
Waterlmry, Mr. P]phraim Warner, Mr. Stephen Upson jun. 
Hebron, Capt. Sanuiel Gilbert, Mr. Benja. Buell. 
Suffield, Capt. Samuel Kent jun., Mr. William King. 
Preston, Mr. Simon Brewster, Mr. Timothy Lester. 
Mansfield, Mr. Benjamin Chaplin, Major Joseph Storrs. 
[40] Woodbury, Mr. Daniel Sherman, ('apt. Increase Moseley. 
Midletown, Mr. Seth Wetraorc, Mr. Mathew Talcott. 
Le))anon, Capt. Joshua West, Mr. William Williams. 
Wallingford, Mr. Charles Whittlesey, Capt. Samuel Hulls. 
Windsor, Capt. Josiah Bissell, Mr. Mathew Rockwell. 
Voluntown, Mr. John Gordon, Mr. Robert Jameson. 
Groton, Capt. El)enezer Avery, Capt. William Williams. 
Sommers, Mr. Seth D wight. 
Bolton, Mr. David Strong, Mr. Stephen Cone. 
Endfield, Cai)t. Joscjjh Olmstead, Mr. Natli' Terry. 
Woodstock, ('apt. Nehemiah Lyon, Mr. Eben'' Smith jun. 
Darby, Capt. Samuel Bassett, Mr. Charles French. 
Pomfret, Colo. Ebenezcr Williams, Mr. Samuel Craft. 



190 PUBLIC RECORDS [October, 

Harwinton, Mr. Daniel Catling. 

Cantcr])ury, Cai)t. Jabez Pitch, Capt. Obadiah Johnson. 

Plainficld, Captain John Donglass, Capt. Isaac Colt. 

Stratford, Colo. Robert Walker, Capt. Ichabod Lewis. 

Guilford, Colo. Timothy Stone, Mr. Nathaniel Hill. 

Stonington, Ca})t. Joseph Denison, Mr. Simeon Minor. 

Canaan, Colo. I^avid Whitney, Capt. Charles Burrell. 

Kent, Mr. Cyrus Marsh, Caj)t. John Plitchcock. 

Weathers field, Capt. Thomas Belding, Capt. Elisha Williams. 

Norwalk, Mr. Thomas Fitch jun., Mr. Peter Lockwood. 

Symsbury, Mr. Hezekiah Humphry, Capt. Jonathan Pcti- 
bone. 

Goshen, Capt. Moses Lyman, Capt. Samuel Nash. 

Greenwich, Mr. John Clapp, Capt. Jabez Sherwood. 

Ashford, Mr. Amos Babcock, Mr. Ezra Smith. 

Cai>t. Jabez Huntington chosen Speaker, | of the House of 
Mr. Abraham Davenport chosen Clerk, \ Representatives. 

An Act for limiting certain Provisions in a Law of this Colony intituled 
An Act for licencing and regulating Retailers and for granting and col- 
lecting an Excise on distilled Spirituous Liquors and to enforce the 
Collection of the Excise already accrued by Virtue of said Act. 
Be it enacted by the Governor, Council and liepresenta- 
tives, in Greneral Court assembled, and by the authority of the 
same, Tliat the town-clerk of each and every town in this Col- 
ony respectively, before the 21st day of March next shall cer- 
tifie to the Treasurer of this Colony the names of the per- 
sons duly appointed collectors of excise for their towns in 
each and every year since November, 1755, and the year for 
which each collector was chosen, and also the deficiencies of 
such towns in not duly appointing collectors from time to 
time as said statute directs. 

And every Assistant and justice of the peace that have 
taken bonds of retailers according to said statute in any 
towns where no collectors were duly appointed are hereby 
authorized to take such retailer's account upon oath accord- 
ing to the condition of such bonds, and collect the monies 
thereon as the collectors by said statute are directed in case 
such retailers shall so account within six months after the 
rising of this Assemldy : but if no such account be had in 
said term, that then such Assistants and justices shall deliver 
such bonds to said Treasurer, taking his receipt therefor and 
lodge the same with the Secretary ; which bonds and also all 
such deficiencies and neglects of any town in not comporting 
themselves according to said statute that are by law correct- 
able shall by said Treasurer be put into the hands of the 
King's Attornies, to be by them transacted with as said at- 
tornics are directed to do in case of negligent collectors, ac- 



1763.] OF CONNKCTICUT. 101 

[41] cording to the provision || of the hiw of this Colony 
intituled An act in further addition to the law of this Colony 
intituled An act for licencing and regulating retailers and for 
granting and collecting an excise on distilled spirituous 
liquors. And such King's Attornies from time to time as 
they shall receive monies for this Colony shall j)ay the same 
to said Treasurer, and shall lay the accounts of all the credits 
and duties put into their hands, and of their transactions 
about the same, and the whole state of the Colony's business 
and affairs in their hands, of what nature soever, before the 
General Assembly to be held in Hartford in May next, and 
also to every session of this Assembly in October and May 
in every year for the future, so long as they shall have any of 
the Colony's credits and business in their hands and under 
their care. 

And he it further eruieted by the authority aforesaid, That 
that part of said act first referred to, respecting the laying 
the excise of four pence per gallon on every gallon of distilled 
spirituous liquors, granting licences to retailers and choosing 
collectors of excise, shall be of force till the rising of this 
Assembly, and no longer. 

An Act in Addition to the Law of this Colony intituled An Act for the 
Direction of Listers in their Oflace and Duty. 

Whereas in said act it is provided that all traders, trades- 
men and artificers shall be rated in the list proportionable to 
their gains and returns : whereupon doubts have arisen, 
whether persons licenced to keep houses of public entertain- 
ment are included in said act ; which may occasion difficulties 
and inequalities in the lists of different towns : Which to 
prevent, 

Be it e7iacted by the Governor, Council and Representatives , 
in General Court assembled, and by the authority of the same, 
That all })ersons licenced to keep houses of pul)lic entertain- 
ment shall be rated in the list proportionable to their gains, 
according to the best judgment and disci'ction of the listers. 

An Act for reviving an Act of this Assembly made and passed in their 

Sessions in May Anno Domini 1761, intittiled An Act in fui'ther Ad- 

dii ion to the Law^ intituled An Act providing in Case of Sickness. 

Whereas it was resolved by this Assembly at their sessions 
in October last, that the aforesaid act should continue in force 
until the rising of this Assembly, and no longer : Therefore, 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same. 
That the said act, intituled An act in further addition to the 
law intituled An act ])roviding in case of sickness, be revived, 
and the same is hcrel)y revived, and shall continue and be of 
force until the rising of this Assembly in May next. 



192 PUBLIC RECORDS [October, 

This Assembly do appoint and impower Richard Jackson 
of Inner Temple London, Esi]"", Agent and Attorney for the 
Governor and Company of this Colony, to receive all such 
money as is granted by Parliament and is or may be distrib- 
uted and ordered to be paid this Colony on account of the 
services done in obedience to his Majesty's command in the 
year 17G2, and accordingly give his receipt therefor. And 
it is hereby ordered, that a proi)er instrument of procuration 
or letter of attorney be made in the name of said Governor 
and Company, under the public seal and signed by the Gover- 
nor and Secretary of this Colony, fully impowering the said 
Richard Jackson, Esq"", for the purposes aforesaid. 

Resolved by tins Assemhly, That Richard Jackson of Inner 
Temple London, Esq"", Agent for this Colony, who is im- 
powered to receive all such money as is granted by Parlia- 
ment and is or may be distributed and ordered to be paid tiiis 
[42] Colony on account of services done in obedience to his || 
Majesty's command in the year 1762, be and he is hereby 
directed, on receipt of the same to lodge it in some secure 
bank in London for safety, in the name and for account of 
this Colony, to be drawn out by the Agent for this Colony for 
the time being, and by the first good o])portunity to inform 
thereof. And he is further directed, to pay out of the same 
all such l)ills of exchange as may be drawn on him by his 
Honor the Governor in favour of any person or })crsons whom- 
soever. 

This Assembly, V)eing advis'd by his Honor the Governor of 
a difference much in our disfavour between tbe numbers of 
our troops in service, 1761, as transmitted to P]ngland by his 
Excellency Sir Jelfry Andiei'st and the number computed by 
the Pay-Table in settling the pay-rolls for said campaign, and 
being also by the committee now to that jjurpose appointed 
advised of sundry facts most {)roba1»ly conducive to such dif- 
ference and in sup[)ort of the larger number contained and 
allowed in said j)ay-rolls. 

Do thereupon resolve, That Colo. Eleazer Fitch be and he 
hereby is appoijited, authorized and instructed, to repair to 
General Amherst [and] in the name of this Assembly of his 
Excellency beg leave to lay said matter before him for his 
further consideration, and requesting that on discovery of any 
new light thrown ujion said affair in favour, he'd be pleased 
thereupon to make such representation home as tliat the Col- 
ony remain not a sufferer in its interest or reputation by fail- 
ure of many of their troops being mustered at Albany, which 
might, and we arc advised actually did, so happen from mat- 



1763.] OP CONNECTICUT. 193 

tcrs so merely casual as clearly not only to exculpate not only 
the Muster-Master-General there, but the Colony also. 

Whereas this Assembly at their sessions in May last 
iiTauted a brief for a contribution throu<i'hout this Colony in 
favour of the Indian charity school under the care of Ihe 
Reverend Eleazer Whelock of Lebanon, which having been 
l)ul)lished in some few congregations the collections have 
Itccn l)ut small, which is probably owing to the rupture since 
said grant broken out nmong the wcstorn Inrlians ; and as 
most of the ministers, ap))reliensivc of the ill success of thai 
charitable design under the present situation of the Indian 
nations, have suspended the publication of said brief, and 
sundry of said ministers having requested his Honor the Gov- 
ernor that they may have the advice and direction of this 
Assembly relative to their pul)lishing said brief: Resolved 
by this Assemldy, that such of the ministers of this Colony 
as have not published said l^rief be and they ore hereby ad- 
vised and directed to suspend the publication of said brief 
until further orders from this Assembly. 

This Assembly doth appoint Mr. Timothy Green,* of New 
London, Printer for the Governor and Company of this Col- 
ony. 

This Assembly doth estaldish Mr. Samuel Ilickox jun. to l)e 
Ensign of the first company or trainband in the town of 
Waterl)ury. 

This Assembly do establish Mr. Nathaniel Dickenson to be 
Lieutenant of the 18th comj)any or trainband in the 6th regi- 
ment in this Colony. 

This Assembly do establish Mr. Isaac North jun. to l)c En- 
sign of the eighteenth company or trainband in the 6th regi- 
ment in this Colony. 

This Assembly do estaldish Mr. Timothy Hurd to be En- 
sign, of the third company or trainljand in the town of 
Woodlmry. 

This Assembly do establish Mr. Jonah Foster to lie Captain 
of the "2d or north company or trainband in the town of 
Ridgficld. 

This Assembly do establish Mr. Isaiah Birchard to l)e Lieu- 
tenant of the 2d or north company or trainband in the town 
of Ridgcfield. 

This Assembly do establish Mr. Barnabas Hamlin to be 
Ensign of the 2d or north company or trafnband in the town 
of Ridgcfield. 

* Nephew of Timothy Green the late printer, who had died Aiii^ustS, 
17C3. a<ndk>»». 

25 



194 PUBLIC RECORDS [Octobcr, 

Tliis Assembly do establish Mr. Peter Hubbel to be Lieu- 
tenant of the company or trainband in the parish of Newbury 
in tlie 4th regiment in this Colony. 

This Assembly do establish Mr. Henry Peck to l)e Ensig:n 
of the company or trainband in the parish of Newbury in the 
4th regiment in this Colony. 

This Assembly do establish Timothy Pearl to l)e Cajitain of 
the 8th company or trainband in the 6th regiment in this 
Colony. 

This Assembly do establish Mr. John Merrick to be Lieu- 
tenant of the 8th company or trainband in the 5th regiment 
in this Colony. 

[43] This Assembly do establisli Mr. Joseph Crocker to l»e 
Ensign of the 8th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Richard Hubbard to be 
Captain of the 15th comj)any or trainband in the 6th regi- 
ment in this Colony. 

This Asseml)ly do establish Mr. Watts Hubbard to be Lieu- 
tenant of tlie 15th comjtaiiy or trainband in the Oth regiment 
in this Colony. 

This Assembly do establisli Mr. Thomas Goodwin to be 
Ensign of the 15th company or trainl>and in the 6tli regiment 
in this Colony. 

This Assemldy do establish Mr. Ephraim Puller to be 
Captain of the 18th company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Jonathan Heustead to be Cap- 
tain of the company or trainband in tlie parish of Canaan in 
the 9th regiment in this Colony. 

This Assenil)ly do establish Mr. James Talmage to be Lieu- 
tenant of the com})any or train))and in the parish of Canaan 
in the 9th regiment in this Colony. 

This Assembly do establish Mr. John Benedict the 4th to 
be Ensign of the comjiany or train) >and in the parish of Ca- 
naan in the 9th regiment in this Colony. 

Tliis Assembly do esta1»lish Mr. Joseph Perry to lie Cap- 
tain of the troop of horse in the 18tli regiment in this Colony. 

This Assemltly do establish Mr, Silas Hickox to be Lieu- 
tenant of the troop of horse in the 13th regiment in this 
Colony. 

This Assembly do establish Mr, Thomas Warner to be Cor- 
net of the troop of horse in the 13th regiment in this Colony, 

This Assembly do establish Mr, David Curtiss to be Quar- 
ter-Master of the troop of horse in the 13th regiment in this 
Colony, 



1763.] OF CONNECTICUT. 195 

This Assembly do establish Mr. Zebulon Peck to be Captain 
of the 6th company or trainband in the town of Farniiii<>ton. 

This Assembly do establish Mr. Benjamin Brooks to be Lieu- 
tenant of the 6tli company or trainband in the town of Farm- 
ington. 

This Assembly do establish Mr. Peleg Bnrret jun. to be 
Captain of the com})any or trainband in the jjarish of Ri[>ton 
in the 4th regiment in this Colony. 

This Assembly do establish Mr. Hudson Blacklcach to be 
Ensign of the company or trainband in the parish of Ripton 
in the 4th regiment in this Colony. 

This Assembly do establish Mr. Treat Mills to be Lieuten- 
ant of the company or trainljand in the parish of Rij)ton in 
the 4th regiment in this Colony. 

This Asseml)ly do estaldish Mr. Benjamin Gibl)s to be 
Captain of the third company or trainband in the town of 
Litchfield. 

This Assembly do estaldish Mr. Ephraim Smedly to be 
Lieutenant of the third comi)any or trainband in the town of 
Litchfield. 

This Assembly do establish Mr. Jedediah Perkins t(j be 
Lieutenant of the 7th com})any or trainband in the town of 
Norwich in the third regiment in this Colony. 

This Assembly do establish Mr. William Dunlnim to be Lieu- 
tenant of the 9th company or trainband in the 12th regiment 
in this Colony 

This Assemldy do establish Mr. Nathaniel iSexton to be 
Ensign of the 9th company or trainband in tlie l-th regiment 
in this Colony. 

This Assembly do establish Mr. Agur Tonilinson to be Cap- 
tain of the first company or trainl»and in the town of Stratford. 

This Assemldy do estal)lisli Mr. Abijah Beach to be Lieu- 
tenant of tbe first company or trainband in the town of Strat- 
ford. 

This Assembly do estaldish Mr. Samuel Beers to be Ensign 
of the first company or trainband in the town of Stratford. 

This Assembly do establish Mr. Thomas Crittenden to be 
Captain of the first company or trainband in the town of 
Salisbury. 

This Assembly do establish Mr. Abiel Camp to be Lieu- 
tenant of the first company or trainband in the town of Sal- 
isbury. 

This Assemlily do establish Mr. Daniel Brown jun. to 1)C 
Lieutenant of 6th company or trainband in tlic town of 
Stoninffton. 



196 ruBLic RECORDS [October, 

[44] This Assembly do establish Mr. Ichabod Palmer to 
be Ensign of the Gth company or trainband in the town of 
Stonington. 

Tliis Assembly do establish Mr. Jolin Hitchcock to be Cap- 
tain of the 2d company or trainband in the town of Kent. 

This Assembly do establish Mr. James Terril to l)e Cap- 
tain of the 3d company or trainband in the town of New 
Milford. 

This Assembly do establish Mr. Moses Averil to be Lieu- 
tenant of the 3d company or trainband in the town of New 
Milford. 

This Assembly do establish Mr. Nathan Hawley to be En- 
sign of the 3d company or trainband in the town of New 
Milford. 

This Assembly do establish Mr. Josiah Ilollister to be 
Lieutenant of the first company or trainband in the town of 
Sharon. 

This Assembly do establish Mr. Samuel Hitchcock to be 
Ensign of the first company or trainband in the town of 
Sharon. 

This Assembly do establish Mr. Cliarles Elsworth to be 
Captain of the seventh company or trainband in the town of 
Windsor. 

This Assembly do establish Mr. Ebenezer Russell to he Lieu- 
tenant of the seventh company or trainband in the town of 
Windsor. 

This Assembly do establish Mr. Abner Burroughs to be 
Ensign of the seventh company oi- trainband in the town of 
Windsor. 

This Assembly do establish Mr. Amos Tirril to be Lieu- 
tenant of the 2d company or trainband in the town of Newton. 

This Assembly do establish Mr. James Elackman to be 
Ensign of the 2d company or trainband in the town of 
Newtown. 

This Assembly do establish Mr. James Bradford to be Cap- 
tain of the first company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. John Douglass jun. to be 
Lieutenant of the first company or trainband in the 11th regi- 
ment in this Colony. 

Whereas upon the petition of Mary Kimberly of Glaston- 
bury, the only acting executrix of Samuel Kimberly late of 
said Glastonbury, deceased, against John Hill and Keziah Hill, 
executors of the last will and testament of John Hill late of 
said Glastonbury, deceased, preferred to this Assembly in May 



1763.] OF CONNECTICUT. 197 

last, shewing that the saidJohn Hill, deceased, sometime about 
the 26th day of February, 1750, being much in debt and in want 
of a large sum of money, and that one David Hubbard, then 
of said Glastonbury, Esqf, now deceased, agreed to supjily 
him therewith if he could procure said Samuel to become 
[bound] with said John for i^lOo 8 0, lawful money, to be paid 
to said David at or before the 26th day of February, 1761, with 
the lawful interest, and that he, the saidJohn deceased, there- 
upon made application to said Samuel for that i)urpose, and 
that he, the said John deceased, would give to said Sanmel 
a bond to save him harmless therefrom ; that consequent 
thereon the said Samuel for the benefit of him, the said John 
Hill deceased, only, and at his request, became jointly bound 
with the said John, deceased, for the said sum of jB103 8 
lawful money, and lawful interest, as aforesaid ; that said 
bond to save the said Sanmel harmless was yet, nevertheless, 
neglected and not taken during the lives of said David, Sam- 
uel and John ; that judgment hath since been recovered by 
said Hubbard's executors against the petitioner and the ex- 
ecutors of said John deceased thereon ; praying for a decree 
against said executors of said John deceased, or that a com- 
mittee might be appointed to make inquiry and report their 
opinion, as by said petition on file &c. : on which petition 
Jonathan Hills, Elisha Williams and William Wells, Esq", 
were ajipointed a committee for the purpose aforesaid, and 
have made their report to this Assembly that said Samuel 
was bound for said John deceased as set forth in said petition, 
and that said Samuel received of the said money he was so bound 
for three thirty-shilling bills emitted in August, 1755, which 
he converted to his own use, and that said John received the 
whole remainder of said X 103 8 for his own use and benefit ; 
as by said report may more at large appear, which hath been 
accepted : Resolved by this Assembly, that the said Mary 
Kimljcrly shall recover of said John Hill and Keziali Hill, 
executors of the last will and testament of said John, deceased, 
the sum of j£121 18 1, lawful money, and her reasonable cost, 
and that the Secretary give out execution accordingly. 

Upon the memorial of Joshua Culver and Avis his wife, of 
Litchfield in Litchfield County, shewing to this Assembly that 
at the county court at Litchfield in Litchfield county on the 
fourth Tuesday of April, 1763, they recovered judgment 
[against] Robert North, late of Torrington in Litchfield coun- 
ty now resident in Midlctown in Hartford county, for the sum 
of thirty-seven pounds lawful money, damage, and seven 
[45] pounds seven shillings four pence cost, and that || execu- 



198 PUBLIC RECORDS [October, 

lion was issued thereon in due form of law against said North, 
dated on or al)Outthc fii'st of May, 1703, wliich execution was 
delivered to an officer to serve and return tlie same, wlm took 
tlie body of the said North and him committed (o the keeper 
of (he gaol in Hartford in Hartford county, and while said ex- 
cciilion was in full life the said North was admittted to take 
tlie poor prisoner's oath without any previous notice to tlie 
said memorialist &c., and the said North was set at liberty, 
whereby the memoVialisls are wliolly deprived of the benefits 
and demands of said execution ; praying that an aHai< execu- 
tion on said judgment may issue against said Robert by the 
clerk of said court in due form of law <&c., as per memorial on 
file: Resolved by this Assembly, that an alias execution l)e 
issued against the said Robert North on said judgment, by the 
clerk of said county court in due form of law. 

Upon the memorial of John Dyer, Esq"", of Canterbury, and 
others, moving and representing to this Assembly the neces- 
sity of having Iniilt and always kept in repair a good cart bridge 
across Quinabauge River in said Canterbury at a place where 
lately stood a bridge called Butts Bridge, and ])raying tins 
Assembly to enact and order that the said town of Canterbury 
at their proper charge and expence from time to time build, 
erect, keep in repair, su))port and mainfain, at the |>lace afore- 
said, a good cart bridge: Resolved by this Assembly, and it 
is hereby enacted, resolved and ordered, that the town of Can- 
terbury, at the cost, charge and expence of the inhabitants of 
said town from time to time, do and sliall build, erect, keep 
in repair, sui)port and maintain, at the i)lace where the bridge 
called Butts Bridge lately stood, a good cart bridge. And it 
is further resolved by this Assembly, that the comity court in 
the county of Windham have full power and authority, and 
full power and authority is hereby given them, (on neglect and 
failure of said town of Canterbiu-y in building and supporting 
said bridge as aforesaid,) to order and direct a bridge at said 
place from time to time to be built and repaired as they shall 
see and find necessary, on information or complaint to them 
made, and to ap]i)oint a committee for that })ur[K)se and tax the 
inhabitants of said Canterbury from time to time in such sum 
or sums as they, the said county court, shall find needful for 
the purposes aforesaid, and to appoint collectors and them in- 
vest with proper warrants and authority to collect and pay said 
moneys according to said county court's orders to them given. 

Whereas George Smith and the rest of the children and 
heirs of John Smith formerly of said Hartford, deceased, and 
Normand Morrison of said Hartford and the rest of the chil- 



17G3.] OP CONNECTICUT. 199 

dren, grandchildren and heirs of Doctor Normand Morrison 
late of said Hartford, deceased, and Ann Morrison, his widow, 
joined in a petition to this Assembly in Octobei-, 17G2, repre- 
senting that certain difficnlties had arisen among them ^':c., 
j)raying a committee might be appointed to make a settlement 
of said difficnlties «fec. ; upon which petition Jonathan Trum- 
ble and John Chester, Esq'^% and Doct. Daniel Lothroj> were 
appointed a committee for tiie juirpose aforesaid, and ordered 
to make report &c. ; and whereas said committee were prevent- 
ed making report to the General Assembly in May last, were 
then rea})pointed and ordered to make report to this Assem- 
1)}y at their present sessions ; and whereas some iinex])ected 
ditficulties have j)reventcd said committee from })re})aring their 
report thereon, to })resent to this Assembly at their present 
sessions : It is therefore i-esolved by this Assembly, that said 
committee be and they are hereby impowered and directed to 
proceed and hear said parties nj>on said matters, and make 
their report thereon to this Assembly at their sessions in May 
next. 

Upon the petition of Godfrey Malbonc, Esq"", of Newport in 
the Colony of Rhode Island, against John lianister of the same 
Newport, complaining to this Assembly that the superior court 
lield at Windham on the third Tuesday of September last made 
certain errors and mistakes in the chancery of a certain bond 
on which an action was l)rought by said lianister against said 
Mall)one, as per writ brought to Windham county court June 
4th Tuesday, 1758, dated December IGth, 1757, and which 
afterwards came to final tryal l)eforc said su})erior court ; 
praying for a new tryal of said cause &c., as per the petition 
on file: Resolved l)y this Assembly, that the petitioner have 
liberty of a new tryal of said cause on the chancery of the bond 
only, referred to in said petition, at the superior court to be 
held at Windham aforesaid on the od Tuesday of March next, 
on his giving sufficient bond to abide judgment. 

Upon the petition of Yale Bisho|) of New Haven, represent- 
ing to this Assembly that Nash Yale of Wallingford having 
borrowed on the 3d of March, 1759, of Jedediah Norton of 
Parmington the sum of two hundred forty-four pounds lawful 
money, by deed of that date conveyed and mortgaged to him, 
said Norton, his, said Yale's, homestead in said Wallingford, 
called the Stone House Farm, containing about eighty-eight 
acres, and that at the same time the said Yale received of said 
Norton his bond conditioned for the rcconveying of said land 
to said Yale on his, said Yale's, paying the sum of two hun- 
dred and seventy pounds with interest unto the said Norton ; 



200 PUBLIC RECORDS [October, 

tliat said land not having l)ccn redeemed by the time limited 
by said bond, the said Norton entered at the termination of the 
time limited on said land and enjoyed it ; that on the 16th 
[46] of II July, 1763, the said Nash Yale conveyed to said 
Yale Bisbop his equity of redemi)tion in said land ; that said 
Yale Bishoj) had tendered to said Norton two hundred and 
forty-seven pounds and requested his, said Norton, i-oconvey- 
ingof said lands to hhn, said Yale Bishop, which he refused, and 
thereu})on praying commissioners might be appointed to en- 
quire into the matters contained in said petition &c., as per 
said petition on file more fully appears ; and the respondent 
appearing before this Assemlily and l»y his attorney consent- 
ing to the a])pointment of commissioners for said purpose : 
Resohed by this Assemldy, that Ebenezcr Silliman, John 
Chester and Jabez Hamlin, Esqf^, be and they are herel)y ap- 
pointed commissioners, to call the parties to said petition be- 
fore them, and such other witnesses as they shall judge prop- 
er, and to examine into the matters therein mentionecl and re- 
ferred to, and report what they shall tind in the premises with 
their opinion tliereon to this Assembly at their sessions at 
Hartford in May next. 

Upon the petition of Joseph Phelps and Hannah his wife, 
both of Symsbury in the county of Hartford, against Aaron 
Clark of Windsor in said county, representing that on appli- 
cation of said Clark to them on or about the second day of 
April, A. D. 1761, they had agreed to sell unto him, the said 
Clark, a certain tract or parcel of land in said Windsor on the 
east side of great river, bounded and described as in said peti- 
tion, at the price and for the consideration of sixt3^-five pounds : 
twenty pounds eight shillings to be paid down, fourteen pounds 
twelve shillings to be paid in labour, and thirty pounds to be 
secured ))y note ; and that whereas the petitioners not l)e- 
ing then able to compleat a deed of said premises the said Jo- 
seph, one of the petitioners, then gave his note of forty pounds 
money to the said Aaron to be in force in case the petitioners 
should not fulfd said bargain and compleat said deed in a 
short time afterwards ; that said deed was afterwards com- 
pleated, and ])y false and feigned pretences of the said Aaron 
he obtained the same and caused tlie same to be entered on 
the records of said Windsor without ever fulfilling on his part 
or paying or securing the price of said land ; and that the said 
Aaron had also fraudulently obtained a judgment on said for- 
ty pound note, to the great wrong and injury of the petition- 
ers &c. ; praying for a committee &c. : the (Tcneral Assem- 
bly held at Hartford on the 2d Thursday of May, 1763, ap- 



17(33.] OP CONNECTICUT. 201 

pointed Josiali Bissell, Esq"", and Capt. Natli' Loomiss of 
Windsor, and Hezekiah Humphry, Esq"", of Symsbury, a com- 
mittee to inquire into the matters referred to in said petition 
&c., and to make report of what they shall find with their opin- 
ion thereon ; which committee have made report to this As- 
sembly, that they find the principal facts in said petition al- 
Icdged true, and that their opinion is that there is due in equity 
from the said Aaron to the petitioners the sum of ninety- 
two pounds thirteen shillings and nine pence money, exclusive 
of cost, and the same is accepted, as by said report at large 
appears : Whereupon it is resolved by this Assembly, that 
the said Aaron shall pay unto the petitioners the said sum of 
ninety-two pounds thirteen shillings and nine pence lawful 
money and his cost, taxed at X13 4 7, and that execution be 
granted for said sums. Mx. granted Nov. 9th, 1763. 

Whereas upon the petition of Jonathan Fowler of Guilford, 
against Titus Culver of Wallingford, preferred to this Assem- 
bly at their session at Hartford in May, 1761, complaining of 
fraud in the sale of a certain pretended right to land of one 
Metoxen, an Indian, and praying to have a certain judgment 
of New Haven county court, April, 1761, set aside, viz: a 
judgment rendered on a note for <£10 given by said 
petitioner to said Culver for said purchase, or to have com- 
missioners appointed to look into said matter &c., Messrs. 
Eben'' Backus, Joshua West and Eleazer Fitch, Esq's, were 
appointed a committee to look into said matters and make 
their report to this Assembly ; which committee having been 
further since reappointed, Ijy reason they had not been able 
to go through with the affair, but have not yet concluded the 
said matter, and on account of their living so far from the 
parties and their witnesses are not able conveniently to do 
the same: Wherefore it is resolved by this Assembly, that 
the said Ebenezer Backus, Joshua West and Eleazer Fitch be 
and they are hereby reappointed a committee with full power 
to enquire, as aforesaid, into and report make to this Assem- 
bly at their present or next session what they shall find in 
the matters of complaint in said petition mentioned and set 
forth, with their opinion thereon, and that in the meantime 
execution of said judgment of said county court be stayed. 

Whereas upon the petition of Joseph Lindsey jun., Josiah 
Fowler, Daniel Maltbie, Timothy Hoadly, Joseph Lindsey, 
Amos Humison, Benjamin Maltbie, Josiah Talmage and Dan 
Pond, of Brandford, and Abel Merriman, Titus Cook, Caleb 
Culver, Samuel Culver and Joseph Bartholomew, of Walling- 
ford, William Lewis of Durham, Isaac Waterman of Midle- 
26 



202 ruBLic RECORDS [October, 

town, Abncr Smith, Samuel ITubliaid and Elilui Jolmson of 
Haddam, against Titns Culver of said Wallingiord, jn'eferred 
to this Assembly in May, 1761, complaining of fraud in the 
sale to the petitioners of a certain pretended Indian right of 
land belonging to one Metoxsen, an Indian native, praying to 
have certain notes of hand by them, the petitioners, given for 
the purchase of said land, vacated, or commissioners ap- 
pointed to look into the matter &c., Messrs. Ebenezer Backus, 
Joshua West and Eleazer Fitch, Esq^^, were appointed com- 
missioners as aforesaid, which commissioners not being able, 
by I'cason of certain disappointments, to attend said l)usiness 
according to the appointment, and having been again reap- 
pointed have not as yet been able to attend upon the business, 
and by reason of their living remote from the parties and the 
witnesses cannot conveniently be got together to attend the 
same : Whereupon it is resolved by this Assembly, that the 
said Ebenezer Backus, Joshua West and Eleazer Fitch, be 
and they are hereby reappointed a committee with full power 
to enquire as aforesaid into said matters of complaint, and 
make their report to this or the next Assembly of what they 
shall find in tlie premises with their opinion thereon. 

[47] Upon the memorial of Isaac Webster and Elisha 
Seymour of Hartford, administrators on the estate of John 
Carter late of said Hartford, deceased, shewing to this As- 
sembly that the debts and charges due from the estate of said 
John Carter, deceased, surmount the moveal)le estate of said 
John Carter, deceased, the sum of sixty-two pounds and ten 
pence lawful money ; praying for liberty to make sale of so 
much of the real estate of said John Carter as will raise said 
sum together with incident charges of sale: Resolved by 
this Assembly, that the said Isaac Webster and Elisha Sey- 
mour be impowered and they are hereby impowered, to make 
sale of so nmch of the real estate of the said John Carter, 
deceased, as will procure the sum of sixty-two pounds and 
ten pence lawful money together with the incident charges of 
sale; taking the advice of the court of probate for the dis- 
trict of Hartford therein. 

Upon the memorial of Martha Burres, administratrix on 
the estate of Jonathan Burres late of Toland, deceased, 
shewing to this Assembly that debts, charges and allowances 
due from the estate of said deceased surmounts the personal 
or moveable part of the estate of said deceased the sum 
of £42 14 3, lawful money ; praying for liberty to sell so 
much of the real estate of said deceased as to raise said sum 
with the necessary incident charges arising on said sale, as 



1763.] OP CONNECTICUT. 203 

jier memorial on file: Resolved by this Assembly, that the 
memorialist have liberty and she is hereby impowered, to sell 
so much of the real estate of the said deceased as to raise 
the aforesaid sum of £42 14 3, L. money, for the payment 
of said debts, together with the necessary incident charges 
arising on said sale; taking tlie direction of the court of 
])robate in the district of Stafford therein. 

Upon the memorial of Charles Elsworth, executor to the 
last will and testament of Mr. Richard Smith late of Elling- 
ton ])arisli in Windsor, deceased, shewing to this Assembly 
Ihat the debts, charges and allowances due from the estate of 
said deceased surmount the personal moveable estate of the 
said deceased the sum of Xll 15 5, L. money, and that the 
said deceased made no provision in his will for the payment 
of sau^l debts; praying this Assembly to grant liberty and 
impowcr him, the said executor, to sell so much of the 
real estate of the said deceased as to raise said sum with the 
incident charges arising on said sale, as per memorial on file: 
Resolved l)y this Assembly, that the memorialist liave liberty 
and he is hereby impowered, to sell so much of the real estate 
of the said deceased as to raise the said sum of £11 15 5 
money, for the payment of said debts, together with the ne- 
cessary incident charges arising on said sale ; taking the 
direction of the court of probates in the district of Stafford 
therein. 

Upon the memorial of John Tyler and Hezekiah Lord, 
administrators on the estate of Elias Lord late of Preston, 
deceased, shewing to this Assembly that the debts, charges 
&c. against tlie estate of the deceased surmount the personal 
estate the sum of .£134 0, L. money ; praying for liberty 
for said administrators or any one of them, to sell so much 
of the real estate of said deceased as to pay the said sum of 
£134 0, L. money: Resolved by this Assembly, that Hez- 
ekiah Lord, one of said administrators, have liberty, and 
liberty is hereby granted to said Lord, and he is hereby im- 
powered, to sell so much of the real estate of the said 
deceased as to pay the sum of £134 0, L. money, with the 
necessary charges arising thereon ; taking the directions of 
the court of probate for the district of Norwich therein. 

Upon the memorial of the society of Chelsea in the town 
of Norwich, representing that the said society when consti- 
tuted was small, that the principal business of the inhabit- 
ants depending on was trade, the same has greatly declined, 
whereby they are much weakened, that they have settled a 
minister with whom they arc well satisfied, and having 



204 PUBLIC RECORDS [Octoljer, 

agreed to build a meeting-liouse for public worship have 
made several attempts to raise money for that purpose but 
have hitherto been disappointed and find they cannot go 
through with the building said house and supporting the 
gospel in said society without further assistance ; praying 
that the country rate or tax on the inhabitants of said society 
may be given and appropriated to that purpose, and that such 
further aid may be afforded them as may enable them to go 
on with so pious and necessary a work ; as per memorial on 
file &c. : Resolved by this Assembly, that the Colony tax, 
exclusive of ihe sinking fund, arising on the inhabitants of 
said society be annually paid, and the collector of the Colony 
tax for said town of Norwich for the time being is hereby 
directed annually to pay the same, to said society's committee 
during the pleasure of this Assembly, and that such sifms of 
money as may be remaining in the hands of the collector of 
excise in the town of Norwich, or is now due therefor, be and 
the said collector of excise is hereby directed to pay the same 
into the hands of the committee of said society of Chelsea : 
the whole monies so by said committee to be received as 
aforesaid to be by them applied to the purposes in said me- 
morial mentioned. 

Upon the memorial of Abigail Finch, of Greenwich in Fair- 
field county, administratrix on the estate of Jeremiah Finch 
late of said Greenwich, deceased, shewing that the debts &c. 
due from the estate of said deceased surmount the personal 
inventoried estate of said deceased the sum of ^31 8^, L. 
money, and thereupon praying to be impowered to sell so 
much of the real estate of said deceased as may be sufficient to 
raise said sum and answer the charges arising on such sale : 
Resolved by this Assembly, that the said Abigail Finch ave 
liberty and she is hereby impowered, to sell so much of the 
real estate of said deceased as may be sufficient to raise said 
sum of £31 8J lawful money, and also to answer the 
charges arising on such sale ; taking the direction of the 
court of probates for the district of Stamford therein. 

[48] Upon the memorial of David Waterbury and Jemima 
Waterbury, administrators on the estate of Munmouth Louns- 
bury late of Stamford in Fairfield county, deceased, shewing 
to this Assembly that since the allowance of this Assembly 
in May, 1762, to sell lands for payments of debts due from said 
estate more debts have appeared against said estate, an ac- 
count of which hath been exhibited before and allowed by the 
court of probates for the district of Stamford, amounting in 
the whole (exclusive of what is due from said estate on ac- 



1763.] OF CONNECTICUT. 205 

count of said deceased being surety for John Knap, deceased,) 
to the sum of .£13 14 8| lawful money, for the payment of 
which said memorialists have nothing in their hands, and 
thereupon praying that some suitable person may be im- 
powered to sell real estate to raise said sum and to answer 
the charge of such sale &c. : Resolved by this Assembly, 
that Thomas June jun., of said Stamford, have liberty and he 
is hereby impowered, to sell so much of the real estate of 
said deceased Monmouth Lounsbury as may l)e sufficient to 
raise said sum and pay the charges arising on such sale ; tak- 
ing direction of the court of probates for the district of Stam- 
ford therein. 

Upon the memorial of Rebeckah Barnard, administratrix 
on the estate of Peter Barnard late of Milford, deceased, 
shewing to this Assembly that the debts, charges and allow- 
ances due from the estate of said deceased surmount the per- 
sonal inventoried estate of said deceased the sum of .£15 5 
10 money, and thereupon praying to be impowered to sell so 
much of the real estate of said deceased as may be sufficient 
to raise said sum and the charges arising on such sale, as per 
memorial on file : Resolved by this Assembly, that the said 
memorialist have liberty and she is hereby impowered, to sell 
so much of the real estate of said deceased as may be suffi- 
cient to raise said sum and the incident charges arising on 
such sale ; taking the direction of the court of probate for 
the district of New Haven therein. 

Upon the memorial of John Newton of Milford, executor 
of tlie last will and testament of Ezekiel Newton late of said 
Milford, deceased, shewing to this Assembly that the debts 
and charges allowed by the court of probate in the district of 
New Haven, including some small allowances to the widow of 
said deceased for a mourning suit and provisions, and also 
together with some necessary articles of household stuff and 
a cow given in said will to said widow, surmount the whole 
moveable inventoried estate the sum of <£81 1 11 lawful 
money, and praying that some meet person might be im- 
powered to sell so much of the real estate of said deceased 
as shall raise a sum sufficient to pay said sum and charges of 
sale, as per memorial on file appears : Resolved by this As- 
sembly, that the memorialist be and he hereby is impowered, 
to sell so much of the real estate of said deceased as shall 
raise a sum sufficient to pay said sum of £81 1 Hi and 
charges of sale ; taking the direction of the court of probate 
in the district of New Haven tlierein. 

Upon the memorial of David Waterbury and Jemima his 



206 PUBLIC RECORDS [OctoLcr, 

wife, both of Stamford in Fairfield county, administrators on 
the estate of Miinmouth Lounsbury late of said Stamford, 
deceased, representing to this Assembly that one Jolni Knap 
of said Stanford, now deceased, in his life time was indebted 
to sundry persons in large sums of money ; that said Knap 
being so indebted and his creditors desiring to have such 
money better secured, the said Knap requesting the said Mun- 
mouth to be security with him for said money, who became 
l)ound with the said Knapp for the payment of the said money, 
and that the said Knap only to secure him, the said Mnn- 
niouth, in that behalf made and executed to him, said Mun- 
mouth, two several deeds, in one of which he conveyed to 
him &c. two tracts of land lying in the township of Stanford, 
one of which being in quantity 21 acres and bounded west- 
erly by a highway, northerly on land that belonged to Joshua 
Webb, easterly by the Mill River, southerly by the said Knapp's 
land, the other of said tracts being situate in the North Field, 
so called, on the west side the Mill River, and bounded 
westerly by highway, northerly partly by Silas Weed's 
land and partly by land of said Knapp, easterly by land of 
Mr. Loyd, and southerly partly by Samuel Hait and partly by 
Moses Knapp's land; in the other of said deeds the said Knap 
conveyed to said Munmouth &c. eleven and half acres of land 
lying on the west side of Bedford road and bounded east in 
part on John Knap jun land and part by said Bedford road, 
south and west by said Lounsbury's land, and north by 
said Lounsbury's land in part and part by John Knap 
jun. : the same monies for which the said Knap and 
Monmouth were obligated as aforesaid being unpaid at 
the times of their deaths, amounting to £12'6 0, lawful 
money, and the same being allowed by the court of probate 
for the district of Stamford as a debt against the estate of 
said Munmouth &c. ; praying that the memorialists, or some 
other suitable person, may be impowered to sell so much of 
the said lands as will answer and satisfie said sums with charges 
of sale, and what of said lands remain be conveyed back to 
the heirs of said Knap (fee, as per memorial on file: Re- 
solved by this Assembly, that Thomas June jun. of Stamford 
have liberty, and liberty and authority is hereby granted to 
him, to sell so much of the said lands as shall be sufhcient to 
pay and satisfy the said sum of £123 with the charges of 
sale, and also to convey the residue of said lands that shall 
be left after such sale as aforesaid to the heirs of said John 
Knap, deceased, in proportion to be by them severally held 
agreeable to the last will and testament of said Knap. 



17G3.] OF CONNECTICUT. 207 

Upon the memorial of the iiiliahitaiits of tlie east part of 
the township of Torrington in the county of Litclifiehl, pray- 
ino- to be made a distinct ecclesiastical society with all the 
powers and piiviledges of other societies in this Colony, and 
also that the west tier of lots in the township of New Hart- 
ford, beginning at the south bounds of said New Hartford 
and to extend north four miles, be annexed to said society, 
and also that the said inhabitants now living or that sliall 
liereaftcr live on said west tier be exempted from i)aying- 
[49] country rates &c., as per memorial on file: |j Resolved 
by this Assembly, that the inhabitants living on the east part 
of the township of said Torrington, viz: to begin at the east 
bounds of said Torrington and to extend west four tier and a 
half of lots, and also tliat the west tier of lots in the town- 
ship of New Hartford from the south bounds of said New 
Hartford to extend north four miles, lie and they are hereby 
made and constituted one distinct ecclesiastical society, with 
all tlie priviledges and powers that other ecclesiastical socie- 
ties in this Colony are vested with, and shall be known and 
called by the name of Torringford ; and also that the inhaln- 
tants now living or that shall hereafter live on said west tier 
of lots in said New Hartford sliall be exempted from paying 
Colony taxes during the pleasure of this Assembly. 

Upon the memorial of John Stephens of Stratford, praying 
for the raising the fare of the ferry at the narrows over Strat- 
ford River, as by memorial on file appears : Resolved by this 
Assembly, that for the future the fare of said ferry shall be 
three pence for man, horse and load, one penny for a foot 
man, two pence for a led horse, four pence for an ox or other 
neat kine, one farthing for every sheep, hog or goat. 

Upon the memorial of James Ford, administrator on the 
estate of John Ford late of Norwich in New London county, 
deceased, shewing to this Assembly that the debts and charges 
allowed by the court of probate for the district of Norwich 
surmount the sum of the personal estate of the said deceased 
the sum of £26 2 6, and praying for liberty and authority 
to sell so much of the real estate of the said deceased as to 
enable him to pay the said sum and the necessary charges 
arising on such sale : Resolved by this Assembly, that the 
said James Ford have liberty and he is hereby authorized and 
impowcred, to sell so much of the real estate of the said de- 
ceased John Ford as to enable him to pay the said sum of 
£26 2 6 and the necessary charges arising on such sale; 
taking the direction of the court of m-obate in, the district of 
Norwich therein. 



208 PUBLIC RECORDS [October, 

Upon the memorial of Olive Allyn, administratrix on tlic 
estate of Nathan Allyn late of Canterbnry, deceased, shew- 
ing to tliis Assembly that the debts &c. against the estate of 
said deceased snrmount the personal estate the sum of <£12 
10 0, L. money ; praying for liberty to sell so much of the 
real estate of said deceased as to pay said sum of X12 10 
L. money, with the necessary charges arising thereon &c. : 
Resolved by this Assembly, that the said administratrix have 
liberty and slie is hereby impowered, to sell so much of the 
real estate of said deceased as to pay the said sum of £12 10 
with the necessary charges arising thereon ; taking the direc- 
tions of the court of probate for the district of Plainfield 
therein. 

Upon the memorial of Nathan Williams and Waitstill his 
wife, shewing to this Assembly that they are administrators to 
the estate of Charles Davenport late of Canterbury, deceased, 
and also that they are guardians to Mary Davenport, a minor 
daughter to said deceas'd, and that the said Mary has had the 
small-pox to that degree that she has lost her eye-sight, and 
that the charges &c. expended for the said ]\Iary while she had 
the small-pox and since amounts to the sum of i:25 4 2, L. 
money, and that there is no personal estate belonging to said 
Mary to pay said sum but only seven acres and one hundred 
rods of land ; praying this Assembly for liberty to sell so much 
of said land as to pay said sum : Resolved by this Assembly, 
that the said memorialists have liberty and they are hereby 
impowered, to sell so much of said land as to pay said sum 
with the necessary charges arising thereon ; taking the direc- 
tions of the court of probate for the district of Plainfield there- 
in. 

Upon the memorial of William Shefifield, of Mendon in the 
county of Worcester and Province of the Massachusetts Bay, 
administrator on the estate of Elizabeth Blanchard, widow, late 
of Holiston in the Province of the Massachusetts Bay, deceas- 
ed, shewing to this Assembly that the said Elizabeth died 
seized of some real estate lying in Killingly in the county of 
Windliam and in the district of the court of probate of Plain- 
field, and that the said Elizabeth had no real estate in the 
Province of the Massachusetts Bay, and also that the debts, 
charges &c. due from said estate surmount the personal estate 
of said deceased the sum of .£51 13 6, L. money ; praying for 
liberty to sell so much of said real estate as to pay said sum 
with the necessary charges arising thereon : Resolved by this 
Assembly, that the said William Sheffield have liberty and he 
is hereby im])owered, to sell so much of said real estate as to 



1763.] OF CONNECTICUT. 209 

pay the sum of £51 13 G, lawful money, with tlie necessary 
charges arising tliereon; taking the directions of the court of 
probate for the district of Plainfield therein. 

Upon the memorial of Daniel Lyman and Samuel Bishop 
jun., both of New Haven, representing that pursuant to an act 
of this Assembly passed in October, 1762, they as representa- 
tives of the town of New Haven received of the committee ap- 
pointed by this Assembl}^ to distribute certain bonds given for 
[50] the purchaseof lands in the townsliip of || Norfolk, which 
by virtue of an act of this Assembly passed in May, 1738, be- 
longed to the several towns and societies in this Colony who 
made and computed a list in the year 1732, for the use of 
schools, and that they, the memorialists, now have in their 
hands the proportion of said bonds which belong to the sever- 
al societies in the town of New Haven, and that a dispute hath 
arisen between the present first society in New Haven and the 
society of White Haven concerning the property of the propor- 
tion of said bonds which belonged to the ancient first society 
in said New Haven, and praying the advice and direction of 
this Assembly therein : Resolved by this Assembly, that the 
proportion of said bonds which did belong to the ancient first 
society in New Haven and are now in the memorialists' hands 
to be distributed as aforesaid, do belong to the present first 
society in New Haven and White Haven society in equal pro- 
portion ; and the memorialists are hereby directed to deliver a 
moiety thereof to each of the school committees of said socie- 
ties respectively, to be by them held, used and improved for 
the use of the respective schools in said societies ; taking said 
school committees' receipts for the same. 

Whereas on the memorial of Colo. Benjamin Hinman, one 
of the inhabitants of the society of Southbury in the town of 
Woodbury, and the rest of the inhabitants of said society, rep- 
resenting that said society have had two committees appointed 
by the county court for the county of Litchfield to affix a place 
for building a meeting-house in said society, which said com- 
mittees did affix two places, the last of which places was in the 
highway at a place called Crook Horn Brook, which was estab- 
lished by said county court ; that since the affixing said place 
some things have intervened which renders the same incon- 
venient; praying for a committeetobeappointedto view, hear, 
and affix a place as will be most convenient for said purpose : 
this Assembly in May last appointed Jabez Hamlin, William 
Wolgott and William Pitkin jun., Esqf% a committee to view 
the circumstances of said society, hear all parties, and affix a 
place for the building said house, which committee have viewed 
27 



210 PUBLIC RECORDS [October, 

said society and largely heard all parties concerned, have re- 
ported to tliis Assembly that they have affixed a stake to be 
included within the compass of said meeting-house in the 
street, about forty rods southerly of the stake affixed by the 
last committee appointed by said county court as above- 
said, which they judge is the most convenient place to build a 
meeting-house to accommodate said inhabitants ; which report 
is approved and accepted by this Assembly : And it is there- 
upon resolved by this Assembly, tliat the said place affixed by 
the committee appointed by this Assembly as aforesaid be and 
the same is hereby affixed and established as the place for 
building a meeting-house for said society. 

Upon the memorial of Josiah Eogers, one of the inhabi- 
tants of the society of Norford in the county of New Haven, 
and the rest of the inhabitants of said society, representing 
that soon after the making of said society a number of the in- 
habitants of the first society in Wallingford living on farms 
contiguous to said society, on their application to the General 
Assembly for tliat purpose, were annexed to said society ; that 
the meeting-house in said society were placed with equal re- 
gard to said annexed inhabitants as well as the inhabitants of 
said society ; that said annexed inhabitants make one fifth 
part of said society in the list, and that the taking of such a 
quantity of the list of said society as the said annexed inhabi- 
tants make would greatly weaken said society and render 
them unable to fulfill their ministerial contracts and support 
the charges of the gospel in said society ; that difficulties have 
arisen and are likely still to arise in said society by the assigns 
or heirs of said annexed inhabitants refusing to pay rates in 
said society ; praying that said lands on which said annexed 
inhabitants did live when they made said application and which 
were contiguous to said Norford society and conveniently sit- 
uate to said society might be annexed and made part of said 
society : Resolved by this Assembly, that Samuel Sacket, 
Tho^ Darling and John Fowler, Esq", be a committee, and 
they are hereby appointed a committee of this Assembly, to 
view said lands and the circumstances of said Norford society, 
and to report to the General Assembly in May next what they 
shall find in the matters alledged in said memorial, and their 
opinion thereon. 

Upon the memorial of John Williams, executor to the last 
will and testament of Colo. John Williams, late of Stoning- 
town in the county of New London, deceased, shewing to this 
Assembly that said deceased was largely indebted at the time 
of his death ; that the provision made by the said deceased for 



/, 



1763.] OF CONNECTICUT. 211 

the discharge of said debts is found insufficient for that pur- 
pose ; that there is nothing to pay and satisfy said debts but 
only tlie estate specifically disposed of to the children and 
grandchildren of said deceased ; praying for relief <fec., as per 
memorial on file (fee; : Resolved by this Assembly,that Hezekiah 
Huntington, Esq"", and Doct. Daniel Lothrop, both of Norwich, 
and Nathaniel Brown, Esq"", of Preston, be and they are here- 
by appointed a committee to enquire and examine into the dis- 
position of the whole estate of said deceased to and among his 
children and grandchildren by will, deed of gift or otherwise 
given. Said committee are hereby directed to give proper no- 
tice to said children and grandchildren to whom the said de- 
ceased disposed of any of his estate, and hear them fully on the 
matters relative to such disposition. Said committee are to 
enquire to what sum said remaining debts amount, and also con- 
sider all attending circumstances and determine who of said 
children and grandchildren or whether all ought in equity to 
contribute to the payment of the same, and in what proportion 
it ought to be done by each of them respectively, and report 
with their opinion thereon to this Assembly at their next ses- 
sions accordingly. 

[51] Upon the memorial of Jacob Hinsdale and Ann Peck, 
of Ilarwinton in the district of Litchfield, executors of the last 
will and testament of Jacob Peck late of said Harwinton, de- 
ceased, shewing to this Assembly that the debts due from the 
estate of the said deceased surmount the personal estate of the 
said deceased and a former account allowed the sum of £78 
14 2, L. money, and that there is no provision made in the 
said will to make sale of the real estate of the said deceased 
to answer and pay the debts due from the said estate ; pray- 
ing for liberty &c., as per memorial on file : Resolved by this 
Assembly, that the said memorialists have liberty and they are 
hereby impowered, to make sale of so much of the real estate of 
the said deceased as to answer and pay the said sum of .£78 14 
2 with the incident charges on said sale arising ; taking the 
advice of the court of probate in the district of Litchfield 
therein. 

Whereas this Assembly in their sessions at Hartford in 
May last appointed Messrs. Daniel Lyman, Roger Sherman 
and Samuel Bishop jun., all of New Haven, a committee to 
repair to and view the circumstances of those persons living 
within the limits granted to Joseph Atkins and others, partly 
in Farmington and partly in Waterbury, for preaching among 
them for five months in the year &c., and to report to this 
Assembly their doings <fec., and the said committee having 



212 PUBLIC RECORDS [Octobcr, 

undertook tlie trust and viewed said inhabitants and said 
limits, but being not able to proceed so far as to make their 
report, and the parties being- desirous of having said com- 
mittee go on and finish the business for which they are 
appointed : Resolved by this Assembly, tliat said committee 
have power and they are hereby authorized, to proceed upon 
the said business and affair for which they were first ap- 
pointed, and make report to the General Assembly in May 
next. 

On the memorial of Gershom Scott and Eleazer Scott, ex- 
ecutors of the last will of Daniel Scott late of Waterbury, 
deceased, shewing to this Assemljly that since the General 
Assembly in October, A.D. 1762, there hath further debts of 
the said deceased appeared to the amount of Xll 7 1 over 
and above what they had liberty to sell land for at said 
Assembly, and that said testator had made no provision in 
his said last will for the payment of debts, and there being- 
no moveables in their hands ; therefore praying this Assem- 
bly for liberty to sell so much of the land of said deceased 
as to pay said sum with incident charges &c. : Resolved by 
this Assembly, that said executors have liberty, and liberty is 
hereby granted, that they sell so much of the land of the 
said deceased as to pay the said sum of Xll 7 1 with inci- 
dent charges arising on said sale ; taking direction of the 
court of probates in the district of Woodbury therein. 

Upon the memorial of Tom Sherman and Eunice Shoran 
his wife, and Sarah Shoran, Indians belonging to Pequanock 
in Stratford in Fairfield county, representing and complaining 
to this Assembly that by order of the General Assembly of 
this Colony held at Hartford in March, A.D. 165f , there was 
purchased by the town of Fairfield a certain tract of land 
lying in said Stratford and laid out by order of said Assembly 
to the Indians living in Pequanock and to their heirs, which 
lands is bounded easterly on Pequanock River, so called, 
southerly on lands of the heirs of Joseph Booth, deceased, 
and Ezra Kirtland, westerly on land of said Kirtland, Zebu- 
Ion Wakely and the heirs of Ebenezer Grigory, deceased, 
northerly on land of Andrew Sherwood, Stephen Stirling, the 
aforesaid Joseph Booth heirs, the heirs Hezekiah Treadwell, 
deceased, and Jabez Summers ; also representing that the 
said Eunice and Sarah are the heirs of those Indians to whom 
said lands were laid out, and that they and those Indians 
whose heirs they are have always quietly enjoyed said lands 
till within a few years last past Gamaliel French, widow 
Sarah Booth, Elihu Burret, Joseph Booth, Mary Burret, the 



1763.] OF CONNECTICUT. 213 

Reverend Robert Ross, Ezra Kirtland, Aaron Hawley and 
Samuel Porter, all of said Stratford, and Daniel Morriss, John 
Burr jun. and Richard flail, all of Fairfield, have entirely 
ejected and put the memorialists out of the Avhole of said lands 
and pulled down their wigwam without right ; praying that a 
committee may be a})pointcd to repair to and view said lands 
with the limits and boundaries thereof, and to enquire into 
all things concerning said lands, and hear all parties con- 
cerned, and their report to make of what they shall find, and 
that some proper person may be appointed as a guardian to 
tlie memorialists ; as per memorial on file appears : Resolved 
by this Assembly, that Jabez Hamlin, Benjamin Hall and 
Robert Treat, Esqi'S be and they are herel)y aj)pointed a com- 
mittee to enquire into the matters aforesaid and all the mat- 
ters in said memorial alledged, and all circumstances relative 
thereto, and hear all parties concerned, and to repair to and 
view said lands with the limits and boundaries thereof, and 
their report to make to the General Assembly to be held in 
Hartford in May next of what they shall find, with their 
opinion of the best and fittest measures to be pursued for 
finally ending and preventing all disputes and controversies 
concerning said lands. And it is also further resolved by 
this Assembly, that Thomas Hill, Esq^, of Fairfield, be and 
he is hereby appointed guardian over the memorialists, with 
full power and authority to do and transact all things relating 
to said Indians and the conduct and future management of 
their affairs. 

Upon the memorial of Eunice Beardslee, of Stratford in 
Fairfield county, executrix of the last will and testament of 
Samuel Beardslee late of said Stratford, deceased, represent- 
ing that the debts due from the estate of the said deceased 
do surmount the whole personal estate of said deceased sixty- 
five pounds sixteen shillings nine pence three farthings lawful 
money, that the land appointed by the will of the said 
deceased to be sold for the payment of his debts hath been 
disposed of for £40 0, lawful money, and no more, that 
there remains due from said estate the sum of £25 16 9|, 
and that nothing remains in her hands for satisfying the 
[52] same: || Resolved by this Assembly, that the said 
Eunice Beardslee be impowered and she is hereby impowered, 
to sell so much of the real estate of the said deceased as 
shall be sufficient to raise the said sum of twenty-five pounds 
sixteen shillings and nine pence three farthings, L. money, 
together with the incident charges ; attending therein the 
orders and directions of the court of probate for the district 
of Fairfield. 



214 PUBLIC RECORDS [October, 

Upon the memorial of Joseph Beacher junr, administra- 
tor on the estate of Tho^ Ailing late of New Haven, deceased, 
representing that the debts due from said estate, with some 
allowances to the widow, surmount the moveable part of 
said estate the sum of <£61 8 3i lawful money; praying for 
liberty to sell so much of the real estate of said deceased as 
shall be sufficient to pay said sum and charge, as per memo- 
rial on file appears : Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 
granted unto him, to sell so much of the real estate of said 
deceased as shall be sufficient to pay said sum together with 
the incident charge ; taking tlie direction of the court of 
probate for the district of New Haven therein. 

On the memorial of Joel Dibble, of Goshen in Litchfield 
county, shewing to this Assembly that he was a private 
soldier in the service of this Colony in the year 1755, and 
whilst he was in actual service near Fort Edward was taken 
captive by the enemy and carried captive to Canada, and 
there continued a captive about five years, and then returned 
home, poor and almost naked ; and that when he was taken 
captive he received sundry grievous wounds, of which he is 
not cured nor is ever like to obtain a cure, by which means 
he is unable to endure hard labour, the only method he has 
to support himself; as per memorial on file &c. : Resolved 
by this Assembly, that the Treasurer of this Colony be 
ordered, and he is hereby ordered and directed, to pay out of 
said treasury unto Capt. Moses Lyman of said Goshen, for 
the use of Joel Dibble, the sum of twenty-five pounds money 
or bills of this Colony, who is hereby ordered and impowered 
to use said sum according to his discretion for the comfort 
and support of the said Dibble. 

Upon the memorial of Ezekiel Griswold and Joel Griswold, 
administrators on the estate of David Griswold late of Wind- 
sor, deceased, shewing to this Assembly that . the debts due 
from said estate exceeds the personal estate the sum of 
.£91 4 li, L. money; praying for liberty to sell so much of 
said real estate as to raise said smn with the incident charges 
&c., as per memorial on file &c. : Resolved by this Assembly, 
that the memorialists have liberty and they are fully impow- 
ered, to sell so much of said real estate as to procure said 
sum of <£91 4 li lawful money with incident charges arising 
on such sale ; taking the direction of the court of probates 
for the district of Hartford therein. 

Upon the memorial of Elisha Brocket, of Wallingford in 
the county of New Haven, administrator (ettm testamento 



1763.] OF CONNECTICUT. 215 

annexo) of tlie goods and estate of David Brocket late of 
said Wallingford, deceased, representing tliat the debts and 
charge allowed by the court of probate in the district of New 
Haven against the estate of said deceased surmount the whole 
moveable inventoried estate the sum of <£28 13 11, L. money, 
for the payment whereof no provision is made by the last 
will of said deceased ; praying for liberty to sell lands <tc. : 
Resolved by this Assembly, that the said Elisha Brocket have 
liberty to sell so much of the lands belonging to the estate of 
the said deceased as shall be sufficient to answer the said sum 
of X28 13.?. llcZ. lawful money, and incident charges ; attend- 
ing therein the orders of the court of probate for the district 
of New Haven. 

Upon the memorial of John Read of Fairfield, represent- 
ing to this Assembly that one Warrups Chickens, an Indian 
at Reading parish within said Fairfield, was taken sick in 
the beginning of December, 1762, under distressing circum- 
stances applied himself to said Read for assistance, doctors 
&c., who at the request of said Warrups procured doctors 
and supplied him with provisions until his death <Src., all to 
the amount of Xll lis. 5c?. L. money, the said Warrups 
leaving no personal estate wherewith to satisfy said sum &c. ; 
praying that so much of the said Warrups' farm at Scatacook 
may be sold as is sufficient to pay said sum and the incident 
charges arising on such sale, as per memorial on file: Re- 
solved by this Assembly, that Ephraim Hubbel, Esq"", of New 
Fairfield have liberty, and liberty and authority is hereby 
granted to him, to sell so much of said Warrups' farm at 
Scatacook as shall be sufficient to pay and answer said sum 
of £11 11 5 and incident charges arising on such sale, for the 
use and benefit of said Read ; the same to be paid over to 
said Read by said Hubbel. 

Upon the memorial of David Wardwell and Abigail Ward- 
well, administrators on the estate of Jonathan Dickenson 
late of Summers, deceased, shewing to this Assembly that 
the debts and charges and allowances due from the estate 
of said deceased surmounts the personal inventoried estate of 
said deceased £bb 1 1, L. money ; praying for liberty to sell 
so much of the real estate of said deceased as to raise said 
sum with the incident charges arising thereon, as per memo- 
rial on file : Resolved by this Assembly, that the memorial- 
ists have liberty and they are hereby impowered, to sell so 
much of the real estate of said deceased as to raise the afore- 
said sum of <£55 1 1, L. money, for the payment of said 
debts, together with the incident charges arising on said sale ; 



216 PUBLIC RECORDS [October, 

taking- the direction of the court of probates for the district 
of Stafford therein. 

[53] Upon the memorial of Ephraim Clough, of Stafford 
in Hartford county, administrator on the estate of John 
Clougli late of said Staft'ord, deceased, shewing to this Assem- 
bly tliat the debts, charges and allowances due from the estate 
of said deceased surmount the personal inventoried estate of 
said deceased the sum of <£11 4 3 lawful money, and there- 
upon praying to be impowered to sell so much of the real 
estate of said deceased as may be sufficient to raise said sum 
an.d the cliarges arising on such sale, as per memorial on file: 
Resolved by this Assembly, that the said memorialist have 
liberty and he is hereby impowered, to sell so much of the 
real estate of said deceased as may be sufficient to raise said 
sum and the incident charges arising on such sale ; taking the 
direction of the court of probate for the district of Stafford 
therein. 

Upon the memorial of Anna Warren and John Eaton jun"", 
of Killinglee in the county of Windham, administrators on 
the estate of Joseph Warren late of said Killingslee, deceased, 
representing that the debts, with some allowance to the widow 
of said deceased, surmount tlie moveable part of said estate 
the sum of XlOO 6 3 law^ful money; praying for liberty to 
sell so much of the real estate of said deceased as shall be 
sufficient to pay said sum together with the incident charge 
of such sale, as per memorial on file : Resolved by this As- 
sembly, that the memorialists have liberty, and liberty and 
authority is hereby granted unto them, to sell so much of the 
real estate of said deceased as shall be sufficient to pay said 
sum with the incident charge of such sale ; taking the direc- 
tion of the court of probate for the district of Plainfield 
therein. 

Upon the memorial of Thomas Milner and Abigail Milner, 
both of Norwich, administrators on the estate of Samuel Mil- 
ner late of said Norwich, deceased, representing to this As- 
sembly that the debts due from said deceased surmount the 
inventoried personal estate of said deceased the sum of X99 
10s. lie?, lawful money, and praying liberty of this Assembly 
to make sale of so much of the real estate of said deceased 
as shall be sufficient to pay and satisfy said sum and incident 
charges arising thereon, as per memorial on file : Resolved 
by this Assembly, that said administrators have liberty, and 
liberty and power is hereby granted unto them, to make sale 
of so much of the real estate of said deceased as shall be suf- 
ficient to pay and satisfy said sum of X99 10 11 and inci- 



ITGo.] OF CONNECTICUT. 217 

dent charges arising thereon ; they taking directions of the 
court of probate for the district of Norwich therein. 

Upon the memorial of Constant Crocker, administrator on 
tlic estate of Elihu Crocker late of New London, deceased, 
shewing that the debts and charges aiishig on said estate 
amount £82 2c?., and surmount tlie personal estate of said 
deceased tlie sum of £59 IS 11 ; praying liberty to sell so 
much of the real estate of said deceased as to raise and pay said 
sum with the charge arising on said sale &c. : Resolved by 
this Assembly, that liberty be granted, and said administrator 
Avith Mr. William Douglass of said New London is hereby 
impowered, to make sale of so much of the real estate of said 
deceased as shall raise said sum of £59 18 11 with the charge 
arising on said sale, for the payment of said debts; taking 
the advice of the court of probate for the district of New 
London in said sale. 

Upon the memorial of Ruth Clark, administratrix on the 
estate of Isaac Clark, late of Windsor in the parish of Elling- 
ton, deceased, shewing to this Assembly that the debts duo 
from said estate exceed the personal estate the sum of £32 
4 8 lawful money ; praying for liberty to sell so much of said 
deceased's real estate as to raise said sum with incident 
charges <fec., as per memorial on file &c. : Resolved by this 
Assembly, that the memorialist have liberty and she is fully 
impowered, to sell so much of said deceased's real estate as 
to procure said sum of £32 4 8, L. money, with incident 
charges arising on such sale ; taking the direction of the 
court of probate for the district of Stafford therein. 

Upon the memorial of Sarah Easton, administratrix on the 
estate of Samuel Easton of Hartford, deceased, shewing to 
this Assembly that the debts due from said deceased's estate 
exceed the personal estate the sum of £71 10 5j lawful 
money ; praying for liberty to sell so much of said deceased's 
real estate as to procure said sum with incident charges &c., 
as per said memorial on file : Resolved by this Assembly, 
that the memorialist have liberty and she is fully impowered, 
to make sale of so much of said deceased's real estate as to 
procure said sum of £71 10 5$ lawful money, with incident 
charges arising on such sale ; taking the direction of the 
court of probate for the district of Hartford therein. 

Upon the memorial of Ezekiel Minor, administrator on the 

estate of Samuel Bcckwith late of Lyme, deceased, shewing 

to this Assembly that the debts due from the estate of said 

deceased surmount the personal estate of said deceased the 

28 



218 PUBLIC RECORDS [Octoljer, 

sum of X72 19 1,L. money; praying for liberty to make sale 
of so much of the real estate of the said deceased as shall be 
sufficient to raise and pay the aforesaid sum of £12 19 1, 
with the " incident charges arising on such sale, as per me- 
morial on file appears : Eesolved by this Assembly, that the 
memorialist have lil)crty and he is hereby impowered, to sell 
and convey so much ot the real estate of said deceased as 
shall raise the sum of £72 19 1, L. money, together with the 
incident charges arising on such sale ; taking the direction 
of the court of probate within and for the district of New 
London therein. 

[54] Upon the memorial of William Rockwell of Midletown, 
executor of the last will and testament of Stephen Blake late 
of said Midletown, deceased, shewing to this Assembly that 
the debts, charges and allowances due from the estate of said 
deceased surmount the personal estate of said deceased the 
sum of .£42 2 4, L, money, and that no provision was made 
in said will for the payment thereof ; praying for liberty to 
sell real estate &c. : Resolved by this Assembly, that the 
memorialist have liberty and he is hereby impowered, to sell 
so much of the real estate of the said deceased as will pro- 
cure the aforesaid sum of <£42 2 4, together with the inci- 
dent charges arising on such sale ; taking the direction of the 
court of probate in the district of Midletown therein. 

Upon the memorial of Peter Rice, administrator on the 
estate of Zadock Hays late of Symsbury, deceased, represent- 
ing to this Assembly that tlie debts and charges due from said 
estate surmount the moveable part of said estate the sum of 
£30 17 10 lawful money ; praying for liberty to sell so much 
of said estate as shall be sufficient to pay said sum together 
with the charge of such sale, as per memorial on file appears: 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted unto him, to make 
sale of so much of the real estate of said deceased as shall be 
sufficient to pay said sum together with the charge of such 
sale ; taking the direction of the court of probate for the dis- 
trict of Hartford therein. 

"Whereas upon the memorial of Abigail Hubbel of Fair- 
field, preferred to the General Assembly at New Haven in 
October last, representing that her late husband, Samuel Hub- 
bel, was a captain of a company in this Colony's service in 
the year 1760, as he had also been in the year 1759 and 1758, 
and that it had been his custom during said campaigns to 
supply the wants of the sick and necessitous soldiers with 
things comfortable &c., and carefully charging the same to 



1763.] OP CONNECTICUT. 219 

tlieir accounts ; that in said last campaign he carried with 
liim for said purpose more than XlOO 0, L. money, which 
he had received out of the Colony treasury to account for, 
and during said campaign sickened and died of the small-pox, 
in consequence whereof it happened that all his cloaths, monies, 
papers, accounts <fec. were irrecoverably lost ; that it thereby 
came to jjass that tlie memorialist was rendered altogether 
unable to shew the said monies to have been applied and used 
in relieving his soldiers as was proposed, tho' the said Abigail 
verily believes the same to have been so expended, and there- 
upon praying a committee might be appointed to enquire into 
said affair and thereon report their opinion &c. : And whereas 
Andrew Burr and David Rowland, Esq", being by said Gen- 
eral Assembly appointed a committee to said purpose, and 
shewing to the General Assembly in May last themselves to 
be unready at that time to make their report were again at 
said May sessions reappointed to the same purpose, and to 
report to this present Assembly : And whereas they, the 
said committee, to this Assembly make report as follows, viz: 
that having enquired into the matters in said memorial con- 
tained and examined the evidence relative thereto, they find 
it to have been his, said Capt. Hubbel's, practice annually 
during such his service to carry with him considerable sums 
of money and the same use to the relief of his soldiers as 
al)ovcsaid, and of the same in certain memorandum books to 
make entries, and especially that in said campaign, 1760, 
about the time of his leaving home he had a considerable 
sum in bills of this Colony, which he declared his intent to 
sundry persons to carry with him to the aforesaid purpose ; 
that about the beginning of his marching homeward, and till 
after his beginning to be unwell, he remained actually possest 
of a large quantity of said bills, but a few days before his 
death, and that on enquiry made, soon after his decease, no 
paper bills or book of accounts were to be found ; and that 
they, said committee, are of opinion that said deceased did in 
fact carry monies with him and with parcel thereof occasion- 
ally supply his necessitous soldiers, and that such remainder 
thereof as he died possessed of with his said books and papers 
was soon after by some unknown hand taken away ; as by said 
report on file : It is thereupon resolved, that the memorialist 
on the final settlement of the said Capt. Hubbel's account 
with the Colony Treasurer relative to said campaign, 1760, 
shall be credited to the sum of fifty pounds lawful money, 
on enquiry as abovesaid presumed to have been by said de- 
ceased made use of in relief of the troops of this Colony, and 
of further account thereof to render be hereafter excused. 



220 PUBLIC RECORDS [October, 

Upon the memorial of Elihu Hall, Esq^, of Wallingford, 
representing that a certain quantity of land which he bought 
of the Governor and Company of tliis Colony, per deed from 
their committee bearing date January 24th, 1755, lying on the 
west side Ousatunuck River annexed to the township of Kent, 
was under some incumbrances by reason of the entry of 
strangers thereon &c. ; praying to have said deed lying unre- 
corded taken back by this Colony and his bond, given by him 
and JSamuel Mansfield, for payment of the sum agreed to be 
paid for said land given up, being conditioned for the payment 
of <£316 10 lawful money, now in the hands of Jared Inger- 
sol, the Colony's agent in the county of Xcav Haven for tlie 
purpose of suing out said bond : Resolved by this Assembly, 
that said deed shall and may be accepted and taken back of 
said Elihu Hall and said bond delivered up to him ; and the 
said Jared Ingersol is hereby instructed and directed to deliv- 
er up said bond to said Elihu Hall, on his paying all such 
charges as have accrued in prosecuting an action on the same, 
and on his delivering up said deed unrecorded to and for the 
use of this Colony. 

[55] Upon the memorial of Titus Hosmer of Midletown and 
George Hosmer of Hartford in Hartford county, executors of 
the last will and testament of Stephen Hosmer late of said 
Hartford, deceased, representing that the debts due from said 
deceased surmount the moveable estate of said deceased the 
sum of five hundred one pounds fifteen shillings and seven 
pence half-penny, lawful money, and that no provision is made 
by said last will for the sale of real estate of said deceased 
as shall satisfy said sum &g. ; praying for liberty to sell so 
much of the real estate of said deceased as shall satisfy said 
sum : Whereupon it is resolved by this Assembly, that the 
said Titus Hosmer and George Hosmer be impowered and 
they are hereby impowered, to sell so much of the lands of the 
said deceased as shall satisfy said sum of £501 15 7 J lawful 
money, and incident charges ; attending therein the orders 
and directions of the court of probate for the district of Hart- 
ford. 

On the memorial of Robert Powers of Midletown, shewing 
to this Assembly that he inlisted into his Majesty's service in 
this Colony in Capt. Hierlihy's company and in Gen. Lyman's 
regiment in the year 1762, and on his passage to the Havan- 
nah was taken prisoner and confined, and on his returning in 
a cartel-ship was cast away and taken prisoner by the Spaniards 
and confined until the 27th of March last, and then brake 
prison, and after many more hardships got to Midletown by 



1763.] OP CONNECTICUT. 221 

tlie 6tli of June last, and received pay of the Pay-Table until 
the 9th of December last, and no longer; praying he might 
have wages until his return, as per memorial on file : Re- 
solved by this Assembly, that the said memorialist have six 
pounds, and six pounds is hereby granted him for his being 
detained by the King's enemies, and that the said Rol)ert 
Powers be paid said sum out of the puljlick treasury of this 
Colony, the Treasurer taking his receipt therefor. 

Upon the memorial of Patience Chamberlain, executrix of 
the last will and testament of Samuel Fuller late of Colches- 
ter, deceased, shewing to this Assembly that the deceased by 
said will ordered the sale of ten acres of land in order to pay 
his debt, and that she has sold said land and disposed of the 
money together with all the deceased's moveable estate for the 
payment of said debts of the said deceased, and the remaining 
estate of the deceased consisting only of real estate in divided 
equality between Hannah the Avife of David Daniels, daughter 
to said deceased, and Elizabeth Williams, daughter of Lucy 
another daughter of the deceased, the only surviving heirs of 
said deceased, and that since the said distribution debts have 
been demanded against said estate and recovered to the amount 
of X18 13 lawful money ; praying liberty to sell so much of the 
divided lands of the said deceased as shall be needful for the 
payment of said sum, as y)er memorial on file : Resolved by 
this Assemljly, that the memorialist have liberty, and liberty 
and authority is hereby granted her, to sell so much of the said 
real divided estate, in equal proportion, as to make the afore- 
said sum of £18 13 0, L. money, together with the incident 
charges of sale ; taking the direction of the court of probates for 
the district of East Haddam therein. 

Upon the report of Shr.bael Conant, Jabez Fitch, Esq^s^ and 
Colo. William Pitkin, shewing to this Assembly that they were 
appointed at the sessions in October and May last, upon the 
memorial of Samuel Eastman of Ashford, to settle the line be- 
tween Ashford and Union according to Farrar's Run, and pur- 
suant to said appointment have performed said service, and 
now have reported that its their opinion that said Farrar's Line, 
so called, really and originally run from two chestnut trees, 
the southeast corner bounds of the town of Stafford, north 27 
and 1 degrees east one mile and half and 43 rods to a stake 
and stones in Ashford north line, from thence the same course 
till it meets with Union old line four miles and ninety rods to 
a stake and stones in said old line, from thence in said line 
north 6| degrees east half a mile and fourteen rods to Union 
northwest comer to a heap of stones in South Brimfield south 



222 PUBLIC RECORDS [October, 

line, and that they erected monuments in said line at the end 
of every 80 rods near a range of ancient marked trees : Re- 
solved by this Assembly, that the abovesaid line, run by said 
committee as aforesaid, shall be and remain the dividing line 
between the said towns of Stafford and Union. 

On the memorial of John Strong, of Lebanon in the county of 
Windham, sliewing to this Assembly that he was constable 
collector of the Colony tax for the town of Lebanon for the 
year 1758; that Capt. Joshua Barker, commander of a com- 
pany of this Colony's troops in the campaign of said year, re- 
ceived an order from the Commitee of the Pay-Table on the 
Treasurer of this Colony for the sum of six hundred pounds 
in bills of this Colony, and that said order was by said Treas- 
urer directed to him, said Strong, for payment out of said tax, 
and that thereupon he did in fact pay the full contents of said 
order in favour of said Baiker, and did take up said order by 
him, said Barker, fully indorsed, and that before he had oppor- 
tunity to return the same to said Treasurer he unfortunately 
lost it, and verily believes the same to be utterly consumed and 
destroyed ; further shewing the said Treasurer and auditors of 
the Colony accounts upon application to them made for that 
purpose, decline giving him credit for said sum paid as above, 
fearing whether it be consistent with their oath ; praying for 
relief in the premises &c., as per memorial on file : This As- 
sembly, being satisfied of the truth and reality of the facts as 
therein set forth, do resolve and order, that said Treasurer 
credit and discharge said Strong for and from said sum of 
X600 payable by him and paid as aforesaid, and that said 
auditors allow and account with said Treasurer for said sum in 
the same manner as if said order had been returned to him 
fully indorsed by said Barker as aforesaid. 

[56] Upon the memorial of Joshua Holcomb, conservator of 
the person and estate of Silas Griffin of Symsbury, representing 
that he had expended in the support and maintenance of said 
Silas Griffen the sum of £26 17 4; praying for liberty to sell 
so much of the real estate of said Griffen as shall be sufficient 
to pay said sum together with the charge of such sale, as per 
memorial on file appears : Resolved by this Assembly, that 
the memorialist have liberty, and liberty and authority is here- 
by given him, to make sale of so much of the real estate of 
said Griffen as shall be sufficient to pay said sum together 
with the charge of such sale, and make return of his doings 
unto the county court in the county of Hartford. 

This Assembly grants to his Honor the Governor the sum 
of £150 0, for his salary the last half of the current year, 



1763.] OF CONNECTICUT, 223 

and the Treasurer of this Colony is ordered to pay the same 
accordingly. 

This Assembly grants to his Honor the Deputy Governor 
the sum of £50 Os. Od., for his salary the last half of the cur- 
rent year, and the Treasurer of this Colony is ordered to pay 
the same accordingly. 

Resolved by this Assembli/, That his Honor the Governor 
be desired to direct Joseph Talcott, EsqS Treasurer of this 
Colony, to attend this Assembly on the 31st instant, with a 
sufficient sum in bills of credit of this Colony to pay the de- 
benture of the members of this Assembly. 

Whereas there is a considerable variance between the re- 
turns of the number of soldiers raised by this Colony in the 
year 1761, transmitted to England by his Excellency General 
Amherst and the authenticated pay-rolls of said soldiers ex- 
hibited to the Pay-Taljle at Hartford in the same year : It is 
therefore resolved by this Assembly, that his Honor the Gov- 
ernor be desired to send one of the members of this Assembly 
to John Ledyard, Esq"", of Hartford, and Major Hierlehy of 
Midletown, and signifie to them that this Assembly desires 
and expects their attendance here as soon as may be, with 
the pay-rolls, weekly returns, and all other exhibits in their 
custody necessary to discover the reason of the aforesaid vari- 
ance. 

The Committee of the Pay-Table having had very large ac- 
counts of supplies for the hospitals at tlie Havannah and Crown 
Point in the year 1762, laid before them for adjustment by 
Messrs. Bancroft, Pomroy &c., sutlers in said year, tlie set- 
tling of which by said committee being attended with great 
difficulties, they have desired the advice and direction of this 
Assembly therein : Therefore Andrew Burr, Jabez Hamlin, 
Esqi-s, Mr. Daniel Lothrop, Colo. William Pitkin and Mr. Seth 
Wetmore are appointed to inspect said accounts and report 
their opinion concerning the propriety of the charges therein 
made, and what advice and direction may be proper for the 
Assembly to give respecting the same. 

To the Hon^^e General Assembly of the Colony of Con- 
necticut now sitting at New Haven: 

We your Honors' committee appointed to inspect the 
accounts of Messrs. Pomeroy and Bancroft lately exhibited 
to the Committee of the Pay-Table and report our opinion 
concerning the propriety of the charges and what advice may 
be proper for the Assembly to give respecting the same, beg 
leave to report, that having examined said accounts and 
enquiring of the said Bancroft and Pomeroy relative to their 



224 PUiiLic RECORDS [Octobcr, 

respective accounts, they informed us the articles were de- 
livered for the use of the hospitals agreeable to orders from 
the Commander-in-Chief of our troops there, as by the direc- 
tion of the director of the hospital ; but as several articles are 
in large quantities, and they not being prepared to avouch 
their accounts at this time, our opinion is that they lay their 
accounts before the Committee of the Paj^-Table, and upon 
their producing usual and proper evidence as to the delivery 
of such articles as aforesaid, they proceed to settle and adjust 
said accounts, making proper deduction for those articles 
delivered in large quantities and for all other articles over- 
charged or not found to have been justly charged, and give 
orders on the Treasurer for payment &c. 

Signed per order, Andrew Burr. 

The foregoing report of the committee is accepted and 
approved by this Assembly. 

On the petition of William Pitkin jun.. Esq"", of Hartford in 
the county of Hartford, vs. Benjamin Henshaw of Midle- 
town in said county, as on file : The question was put, 
whether the prayer of said petition should be granted : Re- 
solved by this Assembly in the negative. Cost allotved 
respondent £'2> 7 10.^ L. money. Mx. granted Ajjril 7th, 11 G-i. 

On the petition of Ichaljod Wetmore, of Midletown in the 
county of Hartford, vs. Samuel Lancelott, of Weathersfield 
in said county, as on file : The question was put, whether 
the prayer of said petition should be granted : Resolved by 
this Assembly in the negative. Cost alloived respondent <£1 
6 0, L. money. Ex. granted Nov. 2d, 1763. 

[57] On the petition of Timothy Parsons, of Durham in 
the county of New Haven, vs. Hezekiah Talcott of said Dur- 
ham, as on file : The question was put, whether the prayer 
of said petition should be granted : Resolved by this Assem- 
bly in the negative. Cost allowed respondent £1 14 8. Ex. 
granted Nov. 2d, 1763. 

On the petition of Joseph Riggs and Mabel his wife, Dan- 
iel Tucker and Elizabeth his wife, and Peter Johnson jun. 
and Abigail his wife, all of Darby, vs. Daniel Humphry and 
Sarah Humphry of said Darby, as on file : The question 
was put, whether the pleas offered by the respondents in 
abatement of said petition are sufficient to abate the same : 
Resolved by this Assembly in the affirmative. Cost allowed 
respondent £1 12 8, L. 7noney. Ex. granted Nov. ^d, 1763. 

On the petition of John Landon, of Salisbury in Litchfield 
county, vs. Lewis Mills, of Kent in Litchfield county, as on 



17G3.] OP CONNECTICUT. 225 

file : The question was put, whether the prayer of said peti- 
tion should be granted: Resolved by this Assembly in the 
negative. Cost alloived respondent £2 17 2. JEx. granted 
Mv. Sd, 17G3. 

Upon the jjetition of Michael Judah, of Norwalk in the 
county of Fairfield, representing to this Assembly that he 
brought his writ of error, dated the 26th day of June, 1763, 
against Joseph Wheaton, of New Milford in the county of 
Litchfield, before the superior court holden at Litchfield on 
the last Tuesday save two of August, 1763, therein complain- 
ing and alledging that the said Joseph Wheaton brought his 
certain action against him before JBushnel Bostwick, Esq"", 
one of his Majesties justices of the peace in and for said 
county of Litchfield, on the 17th day of February, 1762, at 
said New Milford, by his certain writ dated the 6th day of 
February, 1762, which action in due course of law by legal 
removes came before the county court held at Litchfield 
within and for the county of Litchfield on the 4th Tuesday 
of A})ril, 1762, which said action was continued from court 
to court and finally came to tryal at the adjourned county 
court held at Litchfield within and for the county of Litch- 
field on the first Tuesday of January, 1763, when the said 
court rendered judgment in said action in favour of said 
Wheaton against said Judah, and that the said adjourn'd 
county court in proceeding to and rendering judgment in 
said action in favour of said Wheaton against said Michael 
Judah manifestly erred and missed the law, for several rea- 
sons therein assigned, and that the said superior court in 
proceeding to and rendering judgment in said action that the 
said judgment of the said county court in said action was 
not erroneous manifestly erred and missed the law; and 
therein praying that the said judgment of said superior court 
in said action might be set aside and reversed, and that he 
might l)e allowed liberty of a new tryal in said case at the 
said superior court to be holden at said Litchfield on the last 
Tuesday save two of August, 1764, and that all costs follow 
the final judgment in said case, or otherwise grant relief etc., 
as by the petition on file may more fully apj^ear: Resolved by 
this Assembly, that there is error in the said judgment of the 
said superior court referred to in the petition aforesaid as 
therein is alledged and complained of, and that the same 
judgment be reversed and the petitioner be restored to the 
damages he hath sustained by means of said erroneous judg- 
ment, which are £11 19 8, and that execution be granted 
therefor by the Secretary. Ux. granted Nov. 4:th, 1763. 

29 



226 PUBLIC RECORDS [Octobcr, 

Upon the memorial of Joseph Holt and Elizabeth his wife, 
both of Wallingford in the county of New Haven, adminis- 
trators (the saul Joseph in right of his said wife) of the 
goods and estate of Daniel Morriss late of said Wallingford, 
deceased, vs. Timothy Page and Joanna his wife and Debo- 
rah Marwin, all of said Wallingford, as on file : The question 
was put, whether the prayer of the said memorial should be 
granted : Resolved by this Assem)jly in the negative. Cost 
allowed respondent <£l 4 4. JEx. granted Nov. M, 1763, 

Upon the petition of Joshua Raymond jun., of New Lon- 
don in the county of New London, vs. Samuel Avery, of 
Groton in said county, and John Hawkins of said New Lon- 
don, as on file : The question was put, whether the pleas 
offered by the respondent in abatement of this petition are 
sufficient to abate the same : Resolved by this Assembly in 
the affirmative. Cost allowed respojident X3 10 0. IJx. 
granted Nov. 2d, 1763. 

Cost taxed and allowed to James Mitchel, of Weathersfield 
in the county of Hartford, for attendance &c. to answer the 
petition of Thomas Belding Arc. of Weathersfield aforesaid, 
preferred to this Assembly and by the petitioners withdrawn, 
is £1 13 0. Hx. granted Dec. 22d, 1763. 

Cost taxed and allowed John Pierce, of Litchfield in the 
county of Litchfield, and Ruth Patterson, of Farmington in 
the county of Hartford, executors of the last will and testa- 
ment of John Patterson of Farmington, late deceased, for 
attendance &c. to answer the petition of Samuel Cole of said 
Weathersfield, preferred to this Assembly and by the peti- 
tioner withdrawn, is X3 3. 

The gentlemen nominated V)y the freemen of this Colony 
to stand for Election in May, 1764, viz: The Honb^« Thomas 
Fitch, Esqr, the Hon^^'e William Pitkin, Esq^, Ebenezer Silli- 
man. Esq"", Jonathan Trumble, Esq"", Hezekiah Huntington, 
Esq"", Andrew Burr, Esq^ John Chester, Esq"", Benjamin Hall, 
Esq"", Daniel Edwards, Esqi", Jabez Hamlin, Esq% Mathew 
Griswold, Esq'', Slmbael Conant, Esq^ Elisha Sheldon, Esq"", 
Eliphalet Dyer, Esq^Phineas Lyman, Esq^Capt. Jabez Hun- 
tington, Mr. Roger Sherman, Colo. Robert Walker, Colo. 
William Pitkin, Mr. David Rowland. 

[58] The Sums Total of the Lists of the PoUs and Rateable Estate of 

the Inhabitants of the several Towns in this Colony hereafter 

mentioned, sent in to this -A ssembly are as follow, viz : 



Hartford, 


£38916 10 


3 


New Haven 


X55425 


12 


3 


New London. 


, 336.^3 12 


9 


Fairfield, 


59605 


1 


6 


Norwich, 


57504 14 


3 


Windham, 


27244 


10 


2 


Litchfield, 


15135 16 


6 


Stamford, 


30011 


8 


5 



1764.] 


OP CONNECTICUT. 






227 


New Hartford 


, 5693 


2 





New Milford, 


18673 


18 


8 


Farmiiigton, 


49873 


9 


10 


Colchester, 


25035 


12 





Glastonbury, 


14110 


5 


O 


Newtown, 


17497 


19 


11 


Rido-cfield, 


14587 


6 


10 


Coventry, 


17405 


10 


5 


Hadhani, 


13825 


1 





Salisbury, 


11940 


14 


6 


Mil ford, 


27155 


7 


4 


Sharon, 


10898 


16 


10 


Branford, 


22566 


19 


10 


Killingly, 


22117 


11 





Cormval, 


5866 16 





Stafford, 


7643 


11 





Lyme, 


24324 


5 


10 


East Hadham, 


22965 


15 





Wellington, 


6222 


18 





Tolland, 


11060 


17 


6 


Say brook, 


21781 


12 


9 


Danbury, 


21764 








Killingworth, 


17033 


3 


8 


Durham, 


10329 


1 


8 


Waterbury, 


25304 


10 


4 


Hebron, 


19042 


8 





Sufifield, 


17867 


13 





Preston, 


21349 


10 


9 


Mansfield, 


17238 


6 


6 


Woodbury, 


41109 


7 


7 


Midletovvn, 


52373 


5 





Lebanon, 


37144 


9 


6 


WaUingford, 


43841 


13 


5 


Windsor, 


42690 


15 





Voluntown, 


10305 


10 





Groton, 


23544 


4 


1^^ 


Sommers, 


7062 


1 





Bolton, 


9075 


13 





Enfield, 


10009 


5 





Woodstock, 


17600 








Derby, 


13398 


2 





Pomfret, 


22037 


7 


6 


Harwinton, 


5421 


3 


6 


Canterbury, 


16611 


11 


3 


Plainfield, 


12600 








Stratford, 


43864 








Guilford, 


32882 


2 


4i 


Stonington, 


32132 


9 


3 


Canaan, 


11356 


8 





Kent, 


12700 








Weatliersfield 


29665 


16 


5 


Norwalk, 


37356 


17 


34 


Symsl)ury, 


23802 


18 





Goshen, 


8589 


2 





Greenwich, 


19990 


19 


3 


New Fairfield, 


9479 


2 


9 


Asliford, 


12860 


4 





Torrington, 
















west side, 


4074 


19 













east side, 


1633 


4 






[59] Anno Regni Regis Greorgii tertii quarto. 

At a General Assembly of the Governor and Company op 
THE Colony of Connecticut holden at New Haven on the 
eighthteenth day of January, 1764, (by special order 
OP THE Governor,) and continued by several adjourn- 
ments until the twenty-first op said month. 

Present : 
The Honbie Thomas Fitch, Esq"", Governor. 
The Hon^'ie William Pitkin, Esq"", Deputy Governor. 

Ebenezer Silliman, Jabez Hamlin, 

Jonathan Trumble, Mathew Griswold, 

Hezekiah Huntington, Shubael Conant, )>Esq", Assistants. 

Benjamin Hall, Elisha Sheldon, 

Daniel Edwards, 



228 PUBLIC RECORDS [January, 

Representatives or De])uties ivlio attended this Assembly are 

as folloiv, viz : 

[The names of the Representatives are not recorded.] 

[601 An Act for repealing one Law of this Colony entituled An Act for 
Relief of Insolvent Debtors, ^^rh.o are willing to make Discovery of 
and deliver upon Oath their Estates to their Creditors' Bene- 
fit, and to releass such Debtors from Imprisonment. 

Be it enacted by the Governor, Council and liepresmtatives, 
in General Court assembled, and by the authority of the same, 
That the aforesaid act be repealed, and the same is hereby re- 
pealed and made void in every part and paragraph thereof. 

Provided notwithstanding, That wliere any insolvent debtor 
hath agreeable to said act preferred a petition and the judges 
of the superior court have ])roceeded thereon so far as to ap- 
point assignees and direct an assignment of such debtor's 
estate to be made, and the same being actually made, such 
assignees shall proceed with, dispose and divide such estate 
according to the directions in said act given and to be under 
[61] the regulations || thereof respecting their conduct in that 
behalf, and such debtor to be dealt with and disposed of, and 
to have and receive the same benefit as he might have done 
had said act continued and been in force. 

This Assembly do appoint David Rowland, Esq^ to be Judge 
of the Court of Proliate in and for the district of Fairfield un- 
til the first day of June next. 

Upon the memorial of Rachel Hibbard, administratrix on 
the estate of Isaac Hibbard late of Woodbury, deceased, shew- 
ing to this Assembly that the debts and cliarges exhibited 
against said estate and allowed surmount the moveable part 
of said estate the sum of £39 19 5, and praying for liberty to 
make sale of so much of the real estate as to make said sum 
&c., as per memorial on file: Resolved by this Assembly, 
that the memorialist have liberty and she is hereby impower- 
ed, to make sale of so much of the said real estate as to make 
said sum of X39 19 5 lawful money, with the incident charges 
arising thereon ; taking the direction of the court of probate 
for the district of Woodbury therein. 

Upon the memorial of David Austin of New Haven, guar- 
dian to Punderson Austin, a minor, representing to this As- 
sembly that David Austin, father of said minor, died in the 
year 1759, intestate, soon after said Punderson entered a stu- 
dent at Yale College, and said memorialist was appointed guar- 
dian to said Punderson, whose portion in the estate of his 
father being chiefly in lands, that said minor continued in 
college until he took his degree in the year 1762, and that he 
is in debt for his necessary charges during said term £130, and 



1764.] OF CONNECTICUT. 229 

that it is necessary said sum be speedily paid, said minor hav- 
ing about 15 acres of hind in the Yorkshire Quarter, so called, 
which said memorialist could sell for the full value thereof; 
praying this Assembly to impower him to sell said land and 
improve the money for the payment of said debt, as per me- 
morial on file appears : Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 
granted unto him, to sell said land and improve the money 
raised by the sale thereof to pay said debt, and account tliere- 
for with said minor when he shall arrive unto the age of twen- 
ty-one years. 

Upon the memorial of David Wardwell, of Sommersin Hart- 
ford county, administrator on the estate of Samuel Wardwell 
late of said Sommers, deceased, shewingto this Assembly that 
the debts and charges due from the estate of said deceased, 
and allowed by the court of probate for the district of Stafford, 
surmount the inventoried personal estate of said deceased the 
sum of <£86 19 8 lawful money ; praying for liberty to sell so 
much of the real estate of said deceased as shall be sufficient 
to pay said sum &c., as per memorial on file : Resolved by 
this Assembly, that tlie memorialist have liberty, and liberty 
and authority is hereliy granted him, to sell so much of the real 
estate of said deceased as shall be sufficient to pay and satisfy 
said sum of X36 19 8 with the incident charges arising tliere- 
on ; taking the direction of the court of probate in the district 
of Stafford therein. 

Upon the memorial of Thomas Wildman jun. and Comfort 
Hoit, both of Danbury in Faii-field county, administrators upon 
the estate of Joseph Wildman late of said Danbiiry, deceased, 
shewing to this Assembly that the debts and charges on said 
estate allowed by the court of probate for the district of Dan- 
bury surmounts the personal estate the sum of i:591: 7 G, L. 
money ; praying for liberty to sell so much of the real estate 
as to pay said sum together with the incident charges arising 
thereon : Resolved by this Assembly, that the memorialists 
have liberty and they are hereby impowered, to sell so much 
of the real estate of said deceased as to raise said sum of X594 
7 6, L. money, with the incident charges arising on such sale ; 
taking the direction of the court of probate for the district of 
Danbury therein. 

Upon the memorial of Martha Slaughter, of New Haven in 
New Haven county, shewing to this Assembly that at the su- 
perior court held at New Haven in February, 176-3, David 
Slaughter, her husband, was convicted of the crime of bui-gla- 
ry and received the punishment due thereto, and stood com- 



2c0 PUBLIC RECORDS [March, 

mitled until tlic cost arisen in said prosecution should be an- 
swered, and that the said Slaughter thereupon, in order to 
procure his release from imprisonment, made over, conveyed 
[62] and granted unto the sheriff of New Haven || county a 
small piece of land in said New Haven, containing one quar- 
ter of an acre, having a small house thereon ; praying that tlie 
said sheriff might be directed to make over and convey the 
said house and land to her for her own use, or that the same 
may be leased to her during the pleasure of this Assembly ; as 
by said memorial on file : Resolved by this Assembly, that 
the sheriff of New Haven county be directed, and he is here- 
by directed, to convey said house and land by a proper deed 
thereof to tlie Governor and Company of this Colony, and 
cause the same to be entered on the records of the town of 
New Haven as soon as conveniently may be. And also grant- 
ed, that the memorialist have the use and improvement of said 
house and land for the term of four years next after the day of 
the session of this Assembly. 

It being now reported by the committee by this Assembly 
appointed to take into consideration two letters from the Right 
Hon'^ie the Earl of Halifax and his Excellency General Gage, 
toucliing the raising troops for defence against the savages &c., 
that (for reasons in such report contained) it is not expedient 
at present to proceed to raise troops for that purpose, which 
report this Assemljly having accepted, do thereupon refer the 
further consideration of the contents of said letters to the sec- 
ond Thurday in March next, at Hartford, to which time and 
place it is now resolved that this Assembly be adjourned.* 



[63] Anno Regni Regis Georgii tertii quarto. 
At a General Assembly of the Governor and Company 
OF THE Colony of Connecticut holden at Hartford 

BY adjournment ON THE EIGHTH DAY OF MaRCH, 1764. 

Present : 

The Hon'j'e Thomas Fitch, Esqf, Governor. 

The Hon^^'e WilHam Pitkin, Esq"", Deputy Grovernor. 
Ebenezer Silliman, Benjamin Hall, ^ 

Jonathan Trumble, Daniel Edwards, 1 Esq", 

Hezekiah Huntington, Jabez Hamlin, ( Assistants. 

John Chester, Mathew Griswold, J 

* The Report is in War, X, 194 



1764,] OP CONNECTICUT. 231 

Representatives or Deputies who attended this Assemble/ are as 

folhnv : 
Hartford, Colo. Sam. Talcott, Colo. William Pitkin. 
New Haven, JVIr. Daniel Lyman, Mr. Samuel Bishop. 
New London, Mr. William Hilllionse. 
Fairfield, Mr. David Rowland. 
Windham, Mr. Samuel Gray, Colo. Eleazer Fitch. 
Litchfield, Colo. Ebenezer Marsh, Capt. Isaac Baldwin. 
Norwich, Capt. Jabez Huntington, Mr. Daniel Lothrop. 
Stamford, Colo. Jonathan Plait, Mr. Abraham Davenport. 
New Hartford, Capt. Isaac Kellogg, Capt. Mathew Gillit. 
New Milford, Mr. Bushnel Bostwick, Mr. Nathan Gaylord. 
Farmington, Mr. John Strong, Mr. Solomon Whitman. 
Colchester, Mr. Daniel Foot, Mr. John Hopson. 
Glastonbury, Capt. Jonathan Hale, Mr. William Welles. 
New Town, Mr. Abel Booth, Capt. Henry Glover. 
Coventry, Mr. Joseph Strong jun., Mr. Phineas Strong. 
Haddam, Mr. Hezekiah Brainerd. 
Salisbury, Mr. John Everts, Capt. James Landon. 
Milford, Mr. Robert Treat. 

Sharon, Capt. John Williams, Mr. David Foster. 
Branford, Mr. Josiah Rogers. 

Killingly, Mr. Bryant Brown, Mr. William Danielson. 
Cornwall, Mr. Joshua Pierce, Capt. Amos Johnson. 
Stafford, Capt. Isaac Finney, Mr. Samuel Davis. 
Lyme, Mr. John Lay 2d, Mr. Samuel Selden. 
East Haddara, Capt. Christopher Holms. * 

Wellington, Mr. Moses Holms, Mr. Abner Barker. 
Toland, Capt. Zebulon West, Capt. Joshua Wills. 
Saybrook, Mr. John Shipman, Capt. John Murdock. 
Danbury, Mr. Samuel Taylor. 
Killenworth, Mr. Theophilus Morgan. 
Durham, Colo. Elihu Chauncey, Ca])t. James Wadsworth. 
Waterbury, Mr. Ephriam Warner, Mr. Stephen Upson jun. 
Heluon, Mr. Benjamin Buel. 

Suffield, Capt. Sam' Kent jun., Mr. W^illiam King. 
Preston, Mr. Simon Brewster, Mr. Timothy Lester. 
Mansfield, Major Joseph Storrs. 

Woodbury, Mr. Daniel Sherman, Capt. Increase Mosely. 
[64] Midletown, Mr. Seth Wetmore, Mr. Mathew Talcott. 
Lebanon, Capt. Joshua West, Mr. William Williams. 
Wallingford, Mr. Charles Whittlesey, Capt. Sam' Hulls. 
Windsor, Capt. Josiah Bissell, Mr. Mathew Rockwell. 
Voluntown, Mr. John Gordon, Mr. Robert Jameson. 
Groton, Capt. Eben"" Avery, Capt. William Williams. 



232 PUBLIC RECORDS [Marcli, 

Somers, Mr. Setli Dwiglit. 

Bolton, Mr. David Strong, Mr. Stephen Cone. 

Endlleld, Capt. Joseph Olmstead, Mr. Nath' Terry. 

Woodstock, Mr. Ebenczer Smith jun. 

Darby, Cajjt. Sam' Basset. 

Pomfret, Colo. Ebenezer Williams, Mr. Samuel Craft. 

Harvvinton, Capt. Abijah Catling, Mr. Daniel Catling. 

Canterbury, Capt. Jabez Fitch, Capt. Obadiah Johnson. 

Plainfield, Capt. John Douglass, Capt. Isaac Coit. 

Stratford, Colo. Robert Walker. 

Guilford, Colo. Timothy Stone, Mr. Nathaniel Hill. 

Stonington, Capt. Joseph Dcnison. 

Canaan, Colo. David Whitney, Gapt. Charles Burrell. 

Kent, Mr. Cyrus Marsh, Capt. John Hitchcock. 

AVeathersfield, Capt. Thomas Belding, Capt. Elisha Williams. 

Norwalk, Mr. Peter Lockw(TOd. 

Symsbury, Mr. llezekiah Humphry, Capt. Jonathan Petibone. 

Goshen, Capt. Moses Lyman, Capt. Samuel Nash. 

Ashford, Mr. Amos Babcock, Mr. Ezra Smith. 

Whereas his Honor the Governor hath laid before this As- 
sembly a letter lately received from the Right Hon^''*^ the Earl 
of Halifax, one of his Majesty's principal Secretaries of State, 
dated October 19th, 1768,* signifying his Majesty's pleasure 
relative to the insurrections of the Indian nations, and another 
from his Excellency Thomas Gage, Esq% Commander-in- 
Chief of his Majesties troops in America, demanding the 
number of five hundred men from this Colony to assist in 
carrying war into the Indian country, in order to pimish the 
savages who have been guilty of perfidious and cruel massa- 
cres of the English : And altho' this Colony is not exposed 
by its situation, nor to be accounted most able by its circum- 
stances, yet ready to yield obedience to his Majesty's com- 
mands and according to our ability promote iiis Majesty's ser- 
vice and contribute to the general purposes of defence and of 
annoyance of the savages, in order to put a speedy end to the 
great mischiefs occasioned by them : 

This Assembly da therefore enact and resolve^ and it is here- 
by enacted and resolved, That all necessary provision be 
made for levying, cloathing and paying two hundred and sixty- 
five able-bodied and effective men, officers included, to be 
raised by inlistment with all possible dispatch within this Col- 
ony, none to be inlisted who are not between twenty-one and 
fifty years of age, to march to such place or places in North 
America as his Majesty's Commander-in-Chief shall judge 

* A copy is printed in New ITami}f<ldre Frovincial Papers, vii, 28. 



1764.] OF CONNECTICUT. 233 

proper. Tliat the said two hundred and sixty-five men, to be 
raised as aforesaid, shall be formed into one battalion and 
commanded by a field-officer of the rank of major, and to 
consist of five companies, and each company to consist of a 
[(iSI captain, two subalterns and fifty men. || And the Gov- 
ernor or Commander-in-Chief is desired as soon as may be, 
to give orders to the several inlisting officers to raise by in- 
listments with the utmost dispatch the levies for the purpose 
aforesaid. And to induce both officers and men chearfully 
and speedily to engage and enlist in this service, this Assem- 
bly do resolve and grant, that each enlisting officer shall re- 
ceive, for every able-bodied man l)y him enlisted who shall 
pass muster, tlie sum of five shillings as a reward for that 
service and expence therein ; and that every able-bodied man, 
as well non-commisioned officer as private soldier, who shall 
voluntarily enlist for the service aforesaid and shall provide 
himself with suitaltle cloathing to the acceptance of the mus- 
ter-master, shall on his being mustered be entituled to and re- 
ceive four pounds in liills of this Colony. And for a further en- 
couragement to both officers and soldiers, they and each of 
them shall receive a blanket and knapsack suitable for the 
service, and shall have one months pay advanced before they 
move out of this Colony. 

And be it further enacted and resolved, That the pay of both 
officers and private soldiers shall be the same as was fixed 
and stated in the year 1762, according to the ranks they shall 
severally sustain : such pay to begin on the day of their en- 
gaging and enlisting in the service, and to continue during the 
time they shall continue therein ; and that they shall be dis- 
charged as soon as his Majesty's service will admit, and not 
holden beyond the first day of November next. And his Honor 
the Governor is desired to issue his Proclamation for acquaint- 
ing them with the several encouragements given for inducing 
men to engage and enter into this important service for their 
King and country. 

And whereas a sum of money will be necessary for the pur- 
poses aforesaid, which the public treasury is in no wise (at 
present) able to supply, 

Be it therefore further enacted, That there be forthwith im- 
printed the sum of seven thousand pounds in bills of credit 
on this Colony equal to law^ful money, of suitable denomina- 
tions from nine pence to forty shillings as the committee 
herein appointed shall direct, and of the same tenor of the 
late emissions of bills of credit of this Colony, with interest 
at £5 per cent, per annum, payable at or before the eighth 

30 



234 PUBLIC RECORDS [March, 

day of March, A.D, 1768, and dated the day of the sessions 
of the Assembly. And the Hcn^'ie William Pitkin, Esq'", 
John Chester, Daniel Edwards and George Wyllys, Esq""*, or 
any three of them, are appointed a committee for the pur- 
pose aforesaid, and to take 'care said bills be printed with all 
convenient speed, and to sign and deliver over the same to the 
Treasurer of this Colony, taking his receipt therefor. And 
the said committee shall be sworn to a faithful discharge of 
their said trust. And the said Treasurer is hereby directed 
to pay out all the aforesaid bills with the interest computed 
thereon according to the orders of this Assembly. 

And for providing and establisliing an ample and sufficient 
fund to call in and sink and discharge the aforesaid sum of 
seven thousand pounds, according to an act of Parliament 
made in the 24th year of his late Majesty's reign, intituled 
An act to regulate and restrain paper bills of credit in his 
Majesty's Colonies of Rhode Island and Providence Planta- 
tions, Connecticut, the Massachussetts Bay and New Hamp- 
shire, in America, and to prevent the same being legal ten- 
deries in payment of money. 

Be it enacted, That a tax of one penny three farthings on 
the pound be and is hereby granted and ordered to be levyed 
on all the polls and rateable estate in this Colony according 
to the list thereof to be brought in to this Assembly in Oc- 
tober, A.D. 1766, with the additions ; which shall be collected 
and paid into the treasury of this Colony by the last day of 
December, 1767 ; which tax may be discharged by paying the 
bills emitted by this act or lawful money, and no otherwise. 
And the Treasurer of this Colony is hereby ordered and direc- 
ted, to send forth his warrants for collecting the aforesaid tax 
accordingly. 

This Assembly doth appoint Israel Putnam, Esq"", to be 
Major of the forces now ordered to be raised in this Colony. 

[66] This Assembly do appoint Israel Putnam Captain, 
Levi Welles 1st Lieutenant, Daniel Moulton 2d Lieutenant, 
of the first company. 

Amos Hitchcock Captain, James Arnold 1st Lieutenant, 
Josiah Stow 2d Lieutenant, of the second company. 

John Tyler Captain, James Chapman jun. 1st Lieutenant, 
Alexander Chalker 2d Lieutenant, of the third company. 

Joseph Halt Captain, Noble Benedict 1st Lieutenant, David 
Rumsey 2d Lieutenant,* of the fourth company. 

Roger Enno Captain, f Nathan Tibballs 1st Lieutenant, 

* Nathaniel Humphreys served as 2d Lieut, of this company. War, x, 231. 

f Abraham Foot was Captain of this company, War, x, 232, but the pay- 
roll is not found. Jeremiah Jagar was quarter-master of the expedition. 
Id. 233. 



1764.] OF CONNECTICUT. 235 

Eli Catling 2d Lieutenant, of the fifth company, in the forces 
now ordered to be raised for his Majesty's service against the 
Indian nations who have been guilty of perfidious and cruel 
massacres of the English, and desire they may be commis- 
sioned accordingly. And in case any of the abovenamed per- 
sons shall refuse to engage therein, his Honor the Governor 
is hereby desired to fill such vacancy and give commissions 
accordingly. 

An Act for securing' Soldiers listed and taken into his Majesty's Service 

from Arrests. 

Whereas a number of ti'oops may be raised in this Colony 
for his Majesty's service who may be liable to be taken out of 
such service by unjust or fraudulent arrests, whereby his 
Majesty and the public may be deprived of their service : 
Which to ]>revent, 

Be it enactedhy the Governor, Council and Iiep7-esentatives, 
in Greneral Court assembled, and hy the authority of the same, 
That no person whatsoever who is duly inlisted or shall so 
inlist and enter himself a volunteer into his Majesty's 
service during the continuance of this act shall be liable 
to be taken out of his Majesty's service by any process 
or execution other than for some criminal matter, unless 
for a I'eal debt or other just cause of action arisen before 
their entry into such service, and unless before the tak- 
ing out of such process or execution, not being for a 
criminal matter, the plaintiff or plaintiffs therein, or some 
other person or persons on his or their behalf, shall make 
oath before the authority or officer granting such process or 
execution, Avho are impowered to administer the same, or be- 
fore some other proper authority, that to his or their knowl- 
edge the original sum justly due or owing to the plaintiff or 
plaintiffs fi'om the defendant or defendants in such action or 
cause of action on which such process or execution shall issue, 
amounts to the value of ten pounds sterling at least ; a mem- 
orandum of which affidavit shall be entered on the back of 
such process or execution. And if any person shall be arrested 
contrary to the intent of this act, it shall and may be lawful 
for any one Assistant and one justice, or two justices quorum 
unus, upon complaint thereof made by the party himself or 
by any of his superior officers, to examine into the same by 
the oath of the parties or otherwise, and by warrants under 
their hands to discharge such soldier so arrested contrary to 
the intent of this act, upon due proof made before them that 
such soldier so arrested was legally inlisted as a soldier into 
his Majesty's service and arrested contrary to the intent of 
this act, and to award reasonable costs to the party complain- 
ing and grant execution therefor accordingly. 



236 PUBLIC RECORDS [Marcli, 

Provided nevertheless, Tliat nothing- in lliis act shall be con- 
strued to extend to prohibit or hinder any process or execu- 
tion going out against the estate of such soldier or soldiers in 
due form of law. 

Provided also, That this act continue in force until the end 
of the sessions of this Assembly in October next, and no 
longer. 

[G7] This Assembly do ai)point Hezekiah Huntington and 
Jabez Hamlin, Esqi's, Commissaries to provide blauiiets, knap- 
sacks, and such other articles as may be necessary to be pro- 
vided for the soldiers ordered to be raised by this Assembly 
for his Majesties service the current year. 

Resolved by this Assembly, That his Honor the Governor be 
desired, and he is hereby desired, to appoint and by his war- 
rant authorize some suitable person to serve as a Chaplain in 
the forces ordered by this Assembly to be raised for his 
Majesties service the current year; and also, in case his Honor 
shall judge it necessary or expedient that a Surgeon should 
be provided to attend said forces, he is desired to appoint and 
impower some proper person to act in said capacity.* 

This Assembly do appoint Jabez Hamlin, David Rowland, 
Esq's, r^ji(\ ]y||., I)aniel Lothrop, to be a committee to hear, 
examine and adjust the accounts of Benjamin Bancrolt of 
Snfifield, said Benjamin Bancroft and Tbomas Payson of 
Boston, traders in company, and Ichabod Fitch of Lebanon 
and Eleazer Pomroyof Hartford, traders in company, wherein 
the Governor and Company are charged for sundry hos- 
pital stores provided and delivered for the use of the Connec- 
ticut troops in late campaigns. And the said committee are 
hereby directed to notifie the said parties to appear and lay 
their accounts before them, at such time and place as they 
shall appoint, and to hear them fully thereon, and make their 
report of what they shall iind in the premises to this Assem- 
bly in May next. 

This Assembly do appoint Mr. Thomas Seymour of Hart- 
ford to be Agent and Attorney for the Governor and Com- 
pany of this Colony, to appear before any court or courts in 
judicature, committees or other boards of audience, and theie 
on the behalf of the said Governor and Company to defend 
in all actions that are or may be commenced against the said 
Governor and Company. 

Upon the memorial of Simeon Raymond, of Norwalk in 
the county of Fairfield, shewing to this Assembly that there 

■"'Ambrose Collins served as chaplain, and Ebeuezer Jesup as surgeon in 
this expedition. War, x, 235, 241. 



17G4.] OF CONNECTICUT. 2o7 

is a patent obtained by Josiah Wheeler, of Huntington on 
Long Island, to keep a ferry to transjjort pcoi)lc, horses <fec., 
from said [luntington to said Norvvalk, and that tliere is a 
considerable occasion for people to pass the sound at said 
place and the occasion daily increasing, and that it is neces- 
sary and convenient to have one fixed and stated at a place 
called the Old Well in said Norwalk, to transport passengers 
&c. across the sound from Norwalk to Huntington, it being 
about sixteen miles, and praying the grant of said ferry may 
be made to him and his heirs &c., as per memorial on file : 
Resolved by this Assembly, that the said Simeon Raymond 
have liberty to set u]) a ferry at a place called the Old Well 
in Norwalk, to transport passengers etc. across the f*ound to 
Huntington on Long Island, and that the grant of said ferry 
be to the said Simeon Raymond and his heirs during the 
pleasure of this Assembly, and that the fare of said ferry be 
for a person one shilling and six pence, for a single horse one 
shilling and tenpence halfpenny ; and said ferry shall be un- 
der the same regulations as other ferries in this Colony are. 

LTpon the memorial of Thomas Egiestone, administrator 
on the estate of Jedediah Egiestone jun. late of Windsor, 
deceased, representing to this Assembly that the debts and 
charges against said estate surmount the personal estate of 
the said deceased the sum of X36 16 3, lawful money; 
praying to have liberty to make sale of so much of the real 
estate of said Jedediali Egiestone as will raise the aforesaid 
sum of £36 16 3, L. money, as per memorial on fde: Re- 
solved by this Assembly, that the memorialist have liberty 
and he is hereby impowered, to make sale of so much of the 
real estate of the [said] Jedediah Egiestone jun. as will 
raise the aforesaid sum of X36 16 3, L. money, with inci- 
dent chai-ges arising on such sale; taking the direction of the 
court of probate lor the district of Hartford therein. 

Upon the memorial of John Crowd, of Windham in Ihe 
county of Windham, shewing to this Assembly that on 
the lyth of February last his dwelling-house was consumed 
by fire together with one thirty-shilling and one ten 
shilling bill of the late emission of this Colony ; praying 
that the Treasurer of this Colony may be directed and or- 
dered to pay out of the Colony treasury to him forty shillings 
in bills of the last emission, together with the interest 
thereon: Resolved by tiiis Assembly, that the Treasurer of 
this Colony be directed and he is hereby ordered and directed 
to pay out of the treasury of this Colony to the said John 
Crowel forty shillings in bills of this Colony of the last 
emission, touether with the interest arisen thereon. 



238 PUBLIC EECORDS [Marcli, 

[68] Upon the memorial of Keziali and Jolin Hills, execu- 
tors to the last will and testament of John Hills late of 
Glastonbury, deceased, shewing that the debts due from the 
estate of said deceased surmount his moveable estate the sum 
of £395 7 5, lawful money, and that there is no other pro- 
vision made in and by said will and testament of said John 
Hills, deceased, for the payment of his debts than what his 
moveable estate would answer, and praying for liberty to sell 
so much of the real estate of said deceased as will pay and 
satisfy the aforesaid sum with incident charges <fec. : Resolved 
by this Assembly, that the memorialists have liberty, and 
liberty and authority is hereby granted them, to make sale of 
so much of the real estate of tlie said deceased as will be 
sufficient to pay and satisfy the aforesaid sums of X395 7 5, 
L. money, with the incident charges arising on such sale; 
taking directions of the court of probate in the district of 
Hartford therein. 

On the memorial of Elizabeth Lattimer, administratrix 
on the estate of Samuel Lattimer late of Weathersfield, 
deceased, shewing to this Assembly that the debts and 
charges due from the estate of said deceased surmount the 
moveable estate of said deceased the sum of .£21 11 4|-, L. 
money, and prnying for liberty to sell so much of the real 
estate of the said deceased as shall raise the said sum of £21 
11 4i (fee, as per memorial on file : Resolved by this Assem- 
bly, that the said Elizabeth Lattimer have liberty and she is 
hereby impowered, to sell so mucli of the real estate of the 
said Samuel Lattimer, deceased, as will raise the said sum of 
£21 11 4i-, together with the incident charges arising 
thereon ; taking the direction of the court of probate for the 
district of Hartford therein. 

On the memorial of Thomas Thatcher of Lebanon, adminis" 
trator on the estate of the late Tliomas Thatcher of said Leba- 
non, deceased, ])raying liberty to make sale of so much real 
estate of said deceased as to raise the sum of £35 17 0, for 
payment of said deceased's debts: Resolved, that the memo- 
rialist have liberty, and liberty is hereby granted to him, to 
make sale of so much real estate of said deceased as will raise 
the sum of £35 17 0, L. money, with the incident charges aris- 
ing thereon ; taking the direction of the court of probate in 
the district of Windham therein. 

Upon the memorial of David Norton, administrator of the 
estate of Noah Norton late of Guilford, deceased, shewing to 
this Assembly that the debts and charges due from the estate 
of said deceased surmount the whole inventoried moveable es- 



1764.] OF CONNECTICUT. 239 

tate of said deceased the sum of X14 8 3, and praying tliat 
said administrator, or some other meet person, may have lib- 
erty to sell so much of the real estate of said deceased as may 
be sufficient to raise said sum of X14 8 3 with incident charges, 
as per memorial on file : Resolved by this Assembly, that 
Aaron Parmelee of said Guilford have liberty and he is hereby 
fully impowercd, to sell so much of the real estate of said de- 
ceased as shall be sufficient to pay said sum of £14 8 3 with 
the incident charges arising on such sale ; taking the direc- 
tion of the court of pi'obate for the district of Guilford therein. 

Upon the memorial of Mary Eaton of Tolland, administra- 
trix on the estate of Aaron Eaton late of Tolland, deceased, 
shewing to this Assembly that the debts and charges due from 
the estate of said deceased surmount the personal estate of 
said deceased the sura of <£23 11 1, L. money; praying for 
liberty to sell so much of the real estate of said deceased as to 
raise said sum with the necessary incident charges arising on 
said sale, as per memorial on file : Eesolved by this Assem- 
bly, that the memorialist have liberty and she is hereby impow- 
ered, to sell so much of the real estate of the said deceased as 
to raise said sum of .£23 11 1, lawful money, with the neces- 
sary incident charges arising on said sale ; taking the direc- 
tion of the court of probate in the district of Stafford therein. 

Upon the memorial of Abraham Coy of Somers, administra- 
tor on the estate of James Ward late of said Somers, deceas- 
ed, shewing to this Assembly that the debts and charges due 
from the estate of said deceased and allowed by the court of 
probate for the district of Stafford surmount the personal in- 
ventoried estate of said deceased the sum of X7 10 11 lawful 
money ; praying for liberty to sell so much of the real estate 
of deceased as shall be sufficient to pay said sum of £7 10 11, 
as per memorial on file : Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 
granted him, to sell so much of the real estate of said deceas- 
ed as shall be sufficient to pay and satisfy said sum of =£7 10 
11 with the incident charges arising thereon ; taking the direc- 
tion of the court of probate for the district of Stafford therein. 

[69] Upon the memorial of Ichabod Norton and Lucy Nor- 
ton, executors of the last will and testament of the Rev^ Mr. 
Seth Norton, late of the parish of Ellington in Windsor, de- 
ceased, shewing to this Assembly that the debts and charges 
due from said estate surmount the personal inventoried estate 
of the said deceased the sum of £61 5 5,L. money; praying to 
this Assembly to impower the memorialist to sell so much of 
the real estate of said deceased as to raise said sum of 



240 



PUBLIC RECORDS 



[March, 



£61 5 5, L. money, with incident charges arising on said sale, 
taking the direction of the court of probate in the district of 
Stafford therein : Resolved by this Assembly, that the memo- 
rialists be impowered and tliey be hereby impowered, to make 
sale of so much of the real estate of the said deceased as to 
raise the aforesaid sum of £61 5 5, L. money, with incident 
charges arising on said sale ; taking the direction of the court 
of probate in the district of Stafford therein. 

Upon the memorial of Jacob Dresser, conservator of the 
person and estate of Rhoda Utter an impotent person of the 
town of Killingly in Windham county, representing that he 
had expended for support of the said Rhoda Utter £14 13 6, 
lawful money, more than the whole of her personal estate ; 
praying that some suitable person may be appointed to sell of 
the real estate of said Rhoda to pay said sum and the incident 
charges of such sale : Resolved by this Assembly, that the 
said Jacob Dresser have liberty and he is hereby impowered, to 
sell of the real estate of the said Rhoda Utter to raise said sum 
of £14 13 6, lawful money, and to pay the incident charges of 
such sale. 

This Assembly do establish Mr. Caleb Baldwin the 3d to be 
Captain of the first company or trainband in the town of New 
Town. 

This Assembly do establish Mr. Timothy Shepard to be 
Lieutenant of the first company or trainband in the town of 
Newtown. 

This Assembly do establish Mr. John Griffen to be Ensign 
of the first company or trainband in the town of Newtown. 



[At this session the General Assembly appointed Jonathan Trumble and 
Jabez Hamlin, Esq", Col. Talcott, Mr. Lothrop, Mr. Talcott, Col. Fitch 
and Capt. Morgan, a committee to take into consideration what they should 
think expedient for the Assembly to do, in order to prevent the revival of 
the act of Parliament laying a duty on foreign sugars and molasses. (6 Geo. 
ii, cap. xiii.) 

The committee, hj Jonathan Trumble, March 13th, reported it as their 
opinion "that his tionor the Governor be desired to return the thanks of 
this Assembly to Richard Jackson, Esq'', our Agent at the Court of Great 
Britain, for his early care in collecting materials and in the intimations he 
has given us of his intentions to use his influence and interest in prevent- 
ing the revival of said act, and also to request his further care and atten- 
tion to said affair. 

" And that Col. Gurdon Saltonstall, Mr. Nath^ Shaw and Mr. Thomas 
Mumford jun., all of New London, be a committee to collect such reasons 
and arguments in behalf of this Colony as they shall judge may be advan- 
tageous, and transmit the same to his Honor the Governor, to be by him 
sent to Richard Jackson, Esq' , to be by him used and improved for the 
purpose aforesaid." 

The report was accepted and approved by both Houses. 

Bev. War. I. 5. 6. ] 



1764.] OP CONNECTICUT. 241 

[71] Anno Regni Regis G-eorgii tertii quarto. 
At a General Assembly of the Governor and Company op 
HIS Majesty's English Colony op Connecticut in New 
England in America holden at Hartford in said Colony 
ON the second Thursday of May and continued by sev- 
eral adjournments until the day of June next 
following, annoque domini 1764. 

Present : 

The Hon'"'' Thomas Fitch, Esq"", Governor. 

The Hoii'j''' WiUiam Pitkin, Esq"", Deputy Governor. 

Assistants : 

[The names of the Assistants present are not recorded.] 

Representatives or Dep)uties who tvere returned to attend at this 

Assembly are asfolloiv, viz : 

Colo. Samuel Talcott, Colo. William Pitkin, for Hartford. 
Colo. Jolm Hubbard, Mr. Enos Ailing, for New Haven. 
Capt. Pygan Adams, Mr. William Hilhouse, for New London. 
Mr. David Rowland, Capt. David Burr, for Fairfield. 
Capt. Samuel Murdock, Capt. Jonathan Rudd, for Windham. 
Colo. Ebenezer Marsh, Capt. Isaac Baldwin, for Litchfield. 
Mr. Daniel Lothrop, for Norwich. 
Colo. Jonathan Hoit, for Stamford. 

Capt. Jabez Sherwood, Mr. Gideon Reynolds, for Greenwich. 
Capt. Josiah Bissel, Mr. Nathan Rockwell, for Windsor. 
Mr. Samuel Dickinson, Capt. John Benedict, for Danbury. 
Capt. Obadiah Johnson. Mr. John Curtiss, for Canterbury. 
Capt. Samuel Morgan, Colo. Samuel Coit, for Preston. 
Mr. Samuel Olmstead, Mr. Timothy Keeler, for Ridgefield. 
Mr. Bushnell BostAvick, Mr. Nathan Gaylord, for New Milford. 
Mr. Solomon Whitman, Mr. Isaac Lee, for Farmington. 
Maj. Hezekiah Brainerd, for Hadham. 
Capt. Samuel Kent, for Suffield. 
Capt. Samuel Gil lie rt, for Hebron. 
Mr. Bryant Brown, Mr. Benja. Leavinze, for Killingly. 
Maj. Ezekiel Pierce, Capt. James Bradford, for Plainfield. 
Mr. Cyrus Marsh, Mr. Ephraim Hubbel jun.,for Kent. 
Mr. John Lay, Mr. Samuel Holden Parsons, for Lyme. 
Capt. Jolm Beebe, Mr. Benjamin Stephens, for Canaan. 
Capt. Elisha Hollister, Mr. Jonathan Wells, for Glastonbury. 
Capt. Zebulon West, Capt. Samuel Chapman, for Tolland. 
Mr. Phincas Strong, Capt. Ebenez'" Kingsbury, for Coventry. 
Mr. Setli Wetmore, Mr. Mathew Talcott, for Midletown. 
[72] Capt. James Landon, Mr. Amos Fuller, for Salisbury. 
Colo. Elihu Chauncey, Capt. James Wadswortli, for Durham. 
31 



242 PUBLIC RECORDS [May, 

Mr. Benja. Gale, Capt. John Pierson, for Killingworth. 

Capt. Moses Lyman, Cai)t. Samuel Nash, for Goshen. 

Mr. Thomas Russel, Mr. Joshua Pierce, for Cornwal. 

Mr. Daniel Foot, Capt. Dudley Wright, for Colchester. 

Capt. Abner Barker, Mi'. Moses Holmes, for WelUngton. 

Capt. Nehemiah Lyon, Mr. Jedidiah Morse, for Woodstock. 

Mr. John Cook, Mr. Junatlian Coe, for Torriiigton. 

Capt. Joshua West, Mr. William Williams, for Lebanon. 

Capt. Jon^h Pettibone, Mr. Hezh Humphrey, for Symsbury. 

Capt. Isaac Pinney, Mr. Samuel Daviss, for Stafford. 

Capt. John Fowler, Mr. Epliraim Strong, for Milford. 

Colo. Christopher Avery, Capt. Benadam Gallop, for Groton. 

Capt. William Gold, Mr. Josiah Rogers, for Brauford, 

Capt. John Williams, Capt. Caleb Jewet, for Sharon. 

Capt. Benja. Talcott, Mr. David Strong, for Bolton. 

Colo. Joseph Fowler, for East Hadha-m. 

Mr. Daniel Catlin, Capt. John Wilson, for Harwinton. 

Capt. Hez''. Whittelsey, Capt. John Murdock, for Saybrook. 

Mr. Jonathan Dresser, Mr. Samuel Craft, for Pomfret. 

Capt. Joseph Sexton, for Somers. 

Mr. Nathaniel Terry, Mr. Edward Colhns, for Enfield. 

Capt. Isaac Kellogg, Mr. Eleazer Goodwin, for New Hartford. 

Capt. Henry Glover, Mr. Oliver Tousey, for Newtown. 

Capt. Abel Gun, Mr. Charles French, for Derby. 

Mr. Daniel Sherman, Capt. Increase Moseley, for Woodberry. 

Colo. Timothy Stone, Mr. Nathaniel Hill, for Guilford. 

Capt. Timothy Judd, Mr. Joseph Hopkins, for Waterbury. 

Capt. Benja. Sumner, Capt. Jedidiah Fay, for Ashford. 

Capt. Robert Fairchild, Capt. Theophilus Nickols, for Strat- 
ford. 

Capt. Enos Brooks, Capt. Eliakim Hall, for Wallingford. 

Mr. Ephraim Hubbel, Capt. Eleazer Hubbel, for New Fair- 
field. 

Capt. Joseph Denison, Mr. Charles Phelps, for Stonington. 

Capt. Robert Dixon, Mr. John Gordon, for Voluntown. 

Capt. Elisha Williams, Capt. Thomas Curtiss, for Weathers- 
field. 

Mr. Benja. Chaplin, Mr. WilHara Hall, for Mansfield. 

Mr. Peter Lockwood, Mr. Tho. Fitch junr, for Norwalk. 
Mr. Abraham Davenport, Speaker ) of the House of 
Colo. William Pitkin, Clerk ) Representatives. 

This day being appointed by the royal charter and the laws 

of this Colony for the Election of the public officers of the 

Colony, viz: Governor, Deputy Governor, Assistants, Treas- 
urer, and Secretary, proclamation was made, and then the 



I 



1764.] OP CONNECTICUT. 243 

votes of the freemen were given in to tlie persons appointed 
by the Governor, Council and Representatives, to receive, sort 
and count tliem; which persons were, Jonathan Trumble, 
Hczekiah Huntington, John Chester, Benjamin Hall, Daniel 
Edwards, Jabez Hamlin, Mathew Griswold, Shubael Conant, 
Elisha Sheldon, Esq"-% Colo. Samuel Talcott, Capt. Zebulou 
West, Capt. John Fowler, Colo. Timothy Stone, Colo. Samuel 
Coit, Capt. Pygan Adams, Mr. David Burr, Mr. Samuel Dick- 
inson, Mr. William Williams, Capt. Joshua West, Colo. Eben- 
ezer Marsh, and Capt. John Williams, who were all sworn to 
a faithful discharge of that trust. And the freemen's votes 
being brought in, sorted and counted, 

The Hon'''^ Thomas Fitch, Esq"", is chosen Governor of this 
Colony for the year ensuing. 

The Hon''''' William Pitkin, Esq"", is chosen Deputy Gover- 
nor of this Colony for the year ensuing. 

Ebenezer Silliman, Esq"", Jonathan Trumble, Esq"", Heze- 
kiah Huntington, Esq"", John Chester, Esq% Benjamin Hall, 
Esq"", Daniel Edwards, Esq"", Jabez Hamlin, Esqf, Mathew 
Griswold, Esq"", Shubael Conant, Esq^, Elisha Sheldon, Esq"", 
Eliphalet Dyer. Esq"", Jabez Huntington, Esq"", were chosen 
Assistants for the year ensuing. 

[73] Josepli Talcott, Esq^is chosen Treasurer of this Col- 
ony for tlie year ensuing. 

George Wyllys, Esq"", is chosen Secretary of this Colony 
for the year ensuing. 

The Governor's oath provided by the law of this Colony, 
and the oath required by act of Parliament, relating to Trade 
and Navigation, were administered (in presence of the As- 
sembly) by the Hon''"^ William Pitkin, Esqf, Deputy Governor, 
to the Hon"'*^ Thomas Fitch, Esq"", now chosen Governor. 

The Hon'''° William Pitkin, Esq"", now chosen Deputy Gov- 
ernor, had the Deputy Governor's oath prescribed by law ad- 
ministered to him by his Honor the Governor in the presence 
of the Assembly. 

The Assistant's oath prescribed by law was administered 
by his Honor the Governor to Ebenezer Silliman, Jonathan 
Trumble, Hezekiah Huntington, John Chester, Benjamin Hall, 
Daniel Edwards, Jabez Hamlin, Mathew Griswold, Shubael 
Conant, Elisha Sheldon, and Jahez Huntington, Esqfs, now 
chosen Assistants. 

The Treasurer's oath prescribed by law was administered by 
his Honor the Governor to Joseph Talcott, Esq"^, now chosen 
Treasurer. 

The Secretary's oath prescribed by law was administered 



244 PUBLIC RECORDS [May, 

by his Honor tlie Governor to George Wyllys, Esq"^, now 
chosen Secretary, in the presence of tlie Assembly. 

Ordered, That Elienezcr Silliman and Abraham Daven- 
port, Esq'^% return the thanks of this Assembly to the Rev- 
erend Mr. Noah Wells, for his sermon delivered before this 
Assembly on the tenth instant, and desire a copy thereof that 
it may be printed. 

This Assembly do a]»point the Hon'"'^ William Pitkin to be 
Chief Judge of the Superior Courts in this Colony the year 
ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq^ Daniel 
Edwards, Esq"", Benjamin Hall, Esq^ and Robert Walker, Esq^ 
to be Judges of the Superior Courts in this Colony the year 
ensuing. 

This Assembly do appoint Jabez Hamlin, Esq^ to be Judge 
of the County Courts in and for the county of Hartford the 
year ensuing. 

This Assembly do appoint Roger Newton, Esq"", to be Judge 
of the County Courts in and for the county of New Haven 
the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq'', to 
be Judge of the County Courts in and for the county of New 
London the year ensuing. 

This Assembly do appoint David Rowland, Esq"", to be 
Judge of the County Courts in and for the county of Fairfield 
the year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq'^, to be 
Judge of the County Courts in and for the county of Wind- 
ham the year ensuing. 

This Assembly do appoint John Williams, Esq"", to be Judge 
of the County Courts in and for the county of Litchfield the 
year ensuing. 

This Assembly do appoint Daniel Edwards, Esq"", to be 
Judge of the Court of Probate for the district of Hartford the 
year ensuing. 

This Assembly do appoint Jolm Hubbard, Esq'^, to be Judge 
of the Court of Probate for the district of New Haven the 
year ensuing. 

This Assembly do appoint Gurdon Saltonstall, Esq"^, to be 
Judge of the Court of Probate for the district of New Lon- 
don the year ensuing. 

This Asseml)ly do appoint David Rowland, Esq"", to be Judge 
of the Court of Probate for the district of Fairlield the year 
ensuing. 

This Assembly do appoint Jonathari Trumbel, Esq"^, to be 



1764.] OF CONNECTICUT. 245 

Judge of tlie Court of Probate for the district of Windham 
the year ensuing. 

This Assembl}' do appoint Jabez Fitch, Esq'', to be Judge 
of the Court of Probate for the district of Plainfield the year 
ensuing. 

[74] This Assembly do appoint Timothy Stone, Esq"", to be 
Judge of the Court of Probate for the district of Guilford 
the year ensuing. 

This Assembly do appoint Daniel Sherman, Esq"", to be 
Judge of the Court [of] Probate for the district of Woodbury 
the year ensuing. 

Tliis Assemlily do appoint Jonathan Hoit, Esq^to be Judge 
of the Court of Probate for the district of Stamford the year 
ensuing. 

This Assembly do appoint Joseph Spencer, Esqs to be Judge 
of the Court of Probate for the district of East Haddam the 
year ensuing. 

This Assembly do appoint Ebenezer Marsh, Esq^, to be 
Judge of the Court of Probate for the district of Litchfield the 
year ensuing. 

This Assembly do appoint Tliomas Benedict, Esq^, to be 
Judge of the Court of Probate for the district of Danbury the 
year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq"", to be 
Judge of the Court of Probate for the district of Norwich the 
year ensuing. 

This Assembly do appoint Jabez Hamlin, Esq"", to be Judge 
of the Court of Probate for the district of Midletown the year 
ensuing. 

This Assembly do appoint Ebenezer Williams, Esq% to be 
Judge of the Court of Probate for the district of Pomfret the 
year ensuing. 

This Assembly do appoint John Williams, Esq"", to be Judge 
of the Court of Probate for the district of Sharon the year en- 
suing. 

This Asseml)ly do appoint Zebulon West, Esq*", to be Judge 
of the Court of Probate for the district of Stafford the year 
ensuing. 

This Assembly do appoint William Wolcott, Zebulon West, 
Seth Wetmore and Samuel Talcott, Esq''% to be Justices of the 
Peace and Quorum for the county of Hartford the year ensu- 
ing. 

This Assembly do appoint Thomas Wells, Phincas Lyman, 
Joseph Fowler, George Wyllys, Josei)h Talcott, John Ledyard, 
Thomas Hosmer, Jonathan Hills, Thomas Seymour, John Pit- 
kin, Daniel Bissell, Samuel Eno, Erastus Wolcott, Josiah Bis- 



246 PUBLIC RECORDS [May, 

sell, Jonathan Belding, Elisha Williams, Joseph White, Joseph 
Southmaydc, Nathaniel Chauncey, Mathew Talcott, Joseph 
Hooker, John Hooker, Solomon Whitman, Jared Lee, Joseph 
Hart, Hezekiah Gridley, John Strong, John Owen, Judah Hol- 
conib, Jonathan Pettibone, Hezekiah Humphry, Samuel Kent, 
Hezekiah Brainerd, Joseph Wells, Joseph Spencer, Daniel 
Cone, Daniel Brainerd, jun'', Jonathan Hale, William Wells, 
John Kimberly, Epaphras Lord, John Waterous, Daniel Foot, 
John Phelps, Alexander Phelps, Ephraim Terry, Thomas Pit- 
kin, Elisha Steel, Isaac Pinny, Samuel Reynolds, Abner Bar- 
ker, Henry Allyn and Benjamin Talcott, Esqi'S to be Justices 
of the Peace for the county of Hartford the year ensuing. 

This Assembly do appoint John Hubbard, Elihu Chauncey, 
Timothy Stone and Thomas Darling, Esq", to be Justices of 
the Peace and Quorum for the county of New Haven the year 
ensuing. 

This Assembly do appoint Roger Newton, Robert Treat, Na- 
than Baldwin, Joseph Woodruff, John Fowler, Samuel Sher- 
man, John Whiting, Daniel Lyman, Samuel Sacket, Samuel 
Hemingway, Jonathan Russell, Josiaii Rogers, Samuel Bar- 
ker, James Barker, William Hoadly, Theophilus Roseter, 
Samuel Robinson, Nathaniel Rugles, Nath^ Hill, Sam^ Hall, 
John Hall 2d, Elihu Hall, Ezekiel Rice, Caleb Merriman, 
James Wadsworth jun% Thomas Clark, Thomas Mathews, Jo- 
seph Hopkins, Caleb Hummiston, Samuel Basset, Samuel 
Riggs, Timothy Russel, Daniel Holbrook, Charles French, 
Benjamin Hall the 4th, Timothy Judd, to be Justices of the 
Peace in and for the county of New Haven the year ensuing. 

This Assembly do appoint Josiah Meigs to be a Justice of 
the Peace in and for the county of New Haven the year ensu- 
ing. 

This Assembly do appoint Jonathan Hoit, John Read, Abra- 
ham Davenport and Samuel Fitch, Esq''% to be Justices of the 
Peace and Quorum in and for the county of Fairfield the year 
ensuing. 

[75J This Assembly do appoint David Rowland, William 
Burr, Robert Fairchild, Robert Walker, Agur Tomlinson, 
Samuel Adams, Ichabod Lewis, Theophilus Nichols, James 
Walker, David Burr jun"^, Moses Dimon, Sam' Sherwood, Jo- 
seph Piatt, Thomas Fitch jun% Elias Betts, Theophilus Fitch, 
Thomas Benedict of Norwalk, Jonathan Maltbie, John Ferris, 
Peter Mead, Sam' Olmstead, Samuel Smith, Thomas Benedict 
of Danbury, Samuel Grigory, Ephraim Hubbel, Thomas Brush, 
Caleb Baldwin, Richard Fairnian, Thomas Hill, Lothrop Lew- 
is, Josepli Piatt Cook, to be Justices of the Peace within and 
for the county of Fairfield the year ensuing. 



1764.] OF CONNECTICUT. 247 

This Assembly do appoint JolmGriswold, Esq^ Colo. Chris- 
topher Avery, Richard Lord and Pygan Adams, Esq", to be 
Justices of the Peace and Quorum in and lor the county of 
New London the year ensuing. 

This Assembly do appoint Benjamin Gale, Elnathan Steph- 
ens, Aaron Elliott, Joseph Wilcocks, Nathaniel Clark, John 
Tully, Hezekiah Whittlesey, Samuel Ely, John Lay, Benja- 
min Lee, George Dorr, Samuel Selden, John Ricliards, Dan- 
iel Coit, William Hilhouse, Jeremiah Miller, Luke Perkins, 
Nathan Smith, William Williams, Ebenezer Avery, Joseph 
Dennison, Samuel Printice, Amos Cheesbrough, John Wil- 
liams, Samuel Morgan, Samuel Coit, William Winter, Ebene- 
zer Backus, Wm. Whiting, Ebenezer Hartshorn, Humphry 
Avery, Jacob Perkins, Simeon Tracy, John Murdock, John 
Parsons, Charles Phelps, Esq'^% to be Justices of the Peace in 
and for the county of New London the year ensuing. 

This Assembly do appoint Shubael Conant, John Dyer, Ja- 
bez Fitch and Joshua West, Esq", to be Justices of the Peace 
and Quorum in and for the county of Windham the year ensu- 
ing. 

This Assembly do appoint Jonathan Huntington, Nathaniel 
Huntington, Samuel Gray,Jedediah Elderkin, Nathaniel Wales, 
jun% Joseph Clark, William Metcalfe, William Williams, Joseph 
Storrs, Phineas Strong, Joseph Strong, Samuel Huntington, 
John Curtiss, Benjamin Wheeler, Isaac Coit, John Smith, Rob- 
ert Dixson, Jeremiah Kinnee, Samuel Danielson, Jacob Dress- 
er, Thomas Motfat, Timothy Sabin, Ebenezer Williams, Wil- 
liam Osgood, Thomas Williams, John Grosvenor, Samuel 
Chandler, Ebenezer Smith jun'', Nath' Child, Ebenezer Wales, 
Elijah Whiton, to be Justices of the Peace in and for the 
county of Windham the year ensuing. 

This Assembly do appoint Benjamin Sumner to be a Jus- 
tice of the Peace in and for the county of Windham the year 
ensuing. 

This Assembly do appoint Ebenezer Marsh, Increase Mosely, 
Daniel Sherman and Bushnel Bostwick, Esq"^^, to be Justices 
of the Peace and Quorum in and for the county of Litchfield 
the year ensuing. 

This Assembly do appoint John Williams, Esq"", Timothy 
Collins, Jacob VVoodruff, Isaac Baldwin, Daniel Everet, Elisha 
Stoddard, Benjamin Hinman, Tilly Blakely, Paul Welch, 
Samuel Bostwick, John Ransom, Daniel Lee, Nathan Elliott, 
Daniel Griswold of Sharon, James Landon, John Hutchinson, 
David Whitney, John Bebee, John Beach, Moses Lyman, 
Thomas Russell, Cyprian Webster, Abijah Catling, Isaac Kei- 



248 PUBLIC RECORDS [May, 

log-g, MatliGw Gillit, John Cook, Epaphras Sheldon, Michael 
tluniphry, Samuel Nash, Cyrus Marsh, to be Justices of the 
Peace in and for the county of Litchfiekl the year ensuing. 

An Act in Alteration of an Act entituled An Act for forming and regula- 
ting the Militia and for encouraging Military Skill for the better 
Defence of this Colony. 

Be it enacted by the Governor', Council and Represevitatives, 
in General Court assembled, and by the authority of the same, 
Tliat for the future no captain or chief officer of any foot com- 
pany or troop shall call or draw forth his company or troop 
more tlian two days in each year, (inclusive of the day ap- 
pointed for viewing of arms and ammunition,) to exercise them 
as in and by said act is directed, unless it be by special order 
of the colonel or other chief officer of the regiment to which 
such captain doth belong. 

Be it further enacted by the authority aforesaid, That no per- 
son living within the limits of any company who is not a sol- 
dier of such company or enlisted in some troop shall for the 
future be obliged to appear and bring forth his arms and am- 
munition (in order to have the same viewed) on any day or time 
that is or shall be appointed for viewing of arms: but from 
such appearance every such person is and sliall be exempted. 

Provided, That nothiug in this act contained shall be con- 
strued to hinder any such person or persons from voting in 
the choice of military commission officers. 

[761 An Act in further Addition to an Act entituled An Act for prevent- 
ing, punishing and removing of Nuisances in Creeks, Rivers and 
other Water-Courses. 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That the river in the western parts of this Colony commonly 
called Housatonuck E,iver, and the streams that empty them- 
selves thereinto, shall be under the same regulations as 
the streams called Quinebaug River and Shoutoket River by 
said law are, and that if any person or persons whatsoever 
shall by weirs, seines, hedges, or by any other means, obstruct 
the passage or course of the fish in said Housatonuk River 
or any of the streams that empty themselves thereinto, such 
person or persons so offending shall be subjected to the same 
penalties as in and by said act is provided. 



An Act for reviving an Act of this Assembly made and passed in their 
Sessions in May Anno Domini 1761, entituled An Act in further Ad- 
dition to the Law entituled An Act providing in Case of Sickness. 



Whereas it was resolved by this Assembly at their sessions 
in October last, that the aforesaid act should continue in force 
until the rising of this Assembly, and no longer: Therefore, 

Be it enacted by the Governor, Council ayid Representatives, 
in General Court assembled, and by the authority of the same, 



1764.] OF CONNECTICUT. 249 

That the said act cntituled An act in further addition to the 
law cntituled An act for providing in case of sickness be 
revived, and the same is hereby revived and shall continue 
and be in force until the rising of this Assembly in May 
next. 

This Assembly do appoint Israel Putnam, Esq"", to be Lieu- 
tenant-Colonel of the forces raised in this Colony for the 
service of the present year, and his Honor the Governor is 
desired to commission him accordingly, and order that his 
pay be the same as given to lieutenant-colonels the last 
campaign. 

This Assembly do appoint Hezokiah Brainerd, Esq"", to be 
Major of the seventh regiment in this Colony. 

This Assembly do appoint Joseph Spencer, Esq"", to be 
Lieutenant-Colonel of the twelfth regiment in this Colony. 

This Assembly do appoint Alexander Phelps, Esq"", to be 
Major of the twelfth regiment in this Colony. 

This Assembly do establish Mr. Guy Richards to be Lieu- 
tenant of the second company or trainband in the town of 
New London. 

This Assembly do establish Mr. Thomas Pardee to be 
Captain of the east company or trainband in the town of 
Sharon. 

This Assembly do establish Mr. Joseph Lord to be Lieu- 
tenant of the east company or trainband in the town of 
Sharon. 

This Assembly do establish Mr. John Felshaw to be Lieu- 
tenant of the 4tli company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Jesse Converse to be Ensign 
of the 4th company or trainband in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Bushnel to be 
Captain of the 10th company or trainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. John Way to be Lieu- 
tenant of the fifth company or trainband in the town of 
New London. 

This Assembly do establish Mr. Nathaniel Clark to be Cap- 
tain of the third company or trainband in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Carpenter to be 
Lieutenant of the third company or trainband in the 11th 
regiment in this Colony. 

This Assembly do establish Mr. Josiah Sabin to be Ensign 
32 



250 PUBLIC RECORDS [May, 

of the third company or trainband in the 11th regiment in 
this Colony. 

[77] This Assembly do establish Mr. Thomas Starr to be 
Captain of the third company or trainband in the town of 
Dan bury. 

This Assembly do establish Hezekiah Benedict to be Lieu- 
tenant of the third company or trainband in the town of 
Danbury. 

This Assembly do establish Mr. Abraham Andrews to be 
Ensign of the third company or trainband in the town of 
Danbury. 

This Assembly do establish Mr. John Shipman to be Cap- 
tain of the first company or trainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. Joshua Bushnell to be 
Lieutenant of tlie first company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. Samuel Chapman to be 
Ensign of the first company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. Samuel Canfield to be 
Captain of the second company or trainband in the town of 
New Milford. 

This Assembly do establish Mr. Arthur Bostwick to be 
Lieutenant of the second company or trainband in the town 
of New Milford. 

This Assembly do establish Mr. Daniel Picket to be Ensign 
of the second company or trainband in the town of New 
Milford. 

This Assembly do establish Mr. Cyprian Dudley to be 
Lieutenant of the 13th company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. David Burr to be Captain 
of the second company or trainband in the town of Fairfield. 

This Assembly do establish Mr. Thomas Selden to be Cap- 
tain of the 14th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. David Smith to be Lieu- 
tenant of the 14th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Roger Sterry to be Captain 
of the fourth company or trainband in the town of Preston. 

This Assembly do establish Mr. Samuel Freeman to be 
Lieutenant of the 4th company or trainband in the town of 
Preston. 



1764.] OF CONNECTICUT. 251 

This Assembly do establish Mr. Joshua Meech to be Ensign 
of the 4th company or trainband in the town of Preston. 

This Asseml)ly do estabUsh Mr. Reuben Loomiss to be Cap- 
tain of the company or trainband in the parish of Winton- 
bury in the town of Windsor. 

This Assembly do establish Mr. Pelatiah Mills to be Lieu- 
tenant of the company or trainband in the parish of Winton- 
bury in the town of Windsor. 

Tiiis Assembly do establish Mr. Jonah Gillit jun"" to be 
Ensign of the company or trainband in the parish of Win- 
tonbury in the town of Windsor. 

This Assembly do establish Mr. Samuel Arnold to be En- 
sign of tlie third company or trainband in the 7tli regiment 
in this Colony. 

This Assembly do establish Mr. Joseph Richards to be 
Lieutenant of the north company or trainband in the parish 
of Southbury in the town of Woodbury. 

This Assembly do establish Mr. Benjamin Stiles to be Cap- 
tain of the north company or trainband in the parish of 
Southbury in the town of Woodbury. 

This Assembly do establish Mr. Joseph Pierce to be Ensign 
of the north company or trainband in the parish of South- 
bury in the town of Woodbury. 

This Assembly do establish Joshua Hall to be Captain 
of the northeast company or trainband in the town of Wal- 
lingford. 

This Assembly do establish Benjamin Hall 2d to be Lieu- 
tenant of the northeast company or trainband in the town 
of Wallingford. 

This Assembly do establish Mr. Nathaniel Hart to be 
Ensign of the northeast company or trainband in the town of 
Wallingford. 

[78] This Assembly do establish Mr. Joseph Kirbey to be 
Captain of the 5th company or trainband in the sixth regi- 
ment in this Colony. 

This Assembly do establish Mr. Thomas Johnson to be 
Lieutenant of the 5th company or trainband in the sixth 
regiment in this Colony. 

This Assembly do establish Mr. Solomon Sage to be Ensign 
of the fifth company or trainband in the sixth regiment in 
this Colony. 

This Assembly do establish Mr. Truman Henman to be 
Ensign of the south company or trainband in the town of 
Woodbury. 

This Assembly do establish Mr. Clapp Raymond to be 



252 PUBLIC RECORDS [May, 

Lieutenant of the company or trainband in the society of 
Wilton in the town of Norwalk. 

This Assembly do establish Joseph Pierpont to be Cajjtain 
of the ninth company or trainband in the second regiment in 
this Colony. 

This Assembly do establish Mr. Abraham Blackslee to be 
Lieutenant of the 9th company or trainband in the second 
regiment in this Colony. 

This Assembly do establish Mr. Jacob Brocket to be En- 
sign of the 9th company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Mr. Samuel Smith to be Lieu- 
tenant of a company or trainband in Wapping in the town of 
Windsor. 

This Assembly do establish Mr. Edward Chapman Grant to 
be Ensign of a company or trainband in Wapping in the town 
of Windsor. 

This Assembly do establish Nathaniel Loomiss to be Ensign 
of the third company or trainband in the town of Windsor. 

This Assembly do establish Mr. Timothy Barker to be Cap- 
tain of the 11th company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Thomas Champion to be Lieu- 
tenant of the loth company or trainband in the seventh regi- 
ment in this Colony. 

This Assembly do establish Mr. William Kelsey to be Ensign 
of the 10th company or trainband in the seventh regiment in 
this Colony. 

This Assembly do establish Mr. Aaron Cleavland to be Cap- 
tain of the 16th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. William Cone to be Ensign 
of the 16tli company or trainband in the 12th regiment in this 
Colony. 

This Assembly do establish Mr: Joseph Lumm to be Captain 
of the 4th company or trainband in the second regiment in 
this Colony. 

This Assembly do establish Mr. Timothy Baldwin to be 
Lieutenant of the 4th company or trainband in the second reg- 
ment in this Colony. 

This Assembly do establish Mr. John Tomlinson to be En- 
sign of the 4th company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Mr. Jonathan Kingsbury to be 
Captain of the 6th company or trainband in the 5th regiment 
in this Colony. 



1764.] OP CONNECTICUT. 253 

This Assembly do establish Mr. William Holt to be Lieu- 
tenant of the 6ih company or trainband in the oth regiment in 
this Colony. 

This Assembly do establish Mr. Jabez Huntington to be 
Captain of the 1st company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Tracey to be Lieu- 
tenant of the first company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Isaac Bowen to be Lieuten- 
ant of the 15th company or trainband in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. Ephraim Manning to l^e En- 
sign of the 15th company or trainband in the lltli regiment 
in this Colony. 

[79] This Assembly do establish Mr. William Buckingham 
to be Lieutenant ot'the 6th company or trainband in the 12th 
regiment in this Colony. 

Tiiis Assembly do establish Mr. Jedediah Bucliinghamto be 
Ensign of the 6th company or trainband in the 12th regiment 
in this Colony. 

Tiiis Assembly do establish Mr. Abiel Abbott to be Ensign of 
the 6th company or trainband in the 5th regiment in this Col- 
ony. 

This Assembly do establish Mr. Stephen Seymour to be En- 
sign of the company or trainband in the parish of Northbury 
in the town of Waterbury. 

This Assembly do establish Cornelius Brook to be Captain 
of the south company or trainband in the parish of Cheshire 
in the town of Wallingford. 

This Assembly do establish Mr. Henry Hotclikiss to be 
Lieutenant of the south company or trainband in the parish of 
Cheshire in the town of Wallingford. 

This Assembly do establish Mr. Aaron Mathews to be En- 
sign of the south company or trainband in the parish of Ches- 
hire in the town of Wallingford. 

This Assembly do establish Mr. Jonathan Latliam to be 
Captain of the fil'st company or trainband in the town of Gro- 
ton. 

This Assembly do establish Mr. Joseph Gallupp to be Lieu- 
tenant of the first company or trainband in the town of Gro- 
ton. 

This Assembly do establish Mr. Thomas Mumford jun"", to 
be Ensign of the first company or trainband in the town of 
Groton. 



254 PUBLIC RECORDS [May, 

This Assembly do establish Mr. Jonathan Hale jun"", to be 
Ensign of the 4th company or trainband in the 6th regiment 
in tins Colony. 

This Assembly do establish Mr. Daniel Austin to be Lieu- 
tenant of the first company or trainband in the town of Suf- 
field. 

This Assembly do establish Mr. David Coe to be Captain of 
the 16t]i company or trainband in the 6th regiment in this 
Colony. 

This Assembly do establish Mr. David Miller to be Lieu- 
tenant of the 16th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Samuel Green to be Ensign 
of the 16th company or trainband in the 6th regiment in this 
Colony. 

This Assembly do establish Mr. Christopher Hamlin to be 
Captain of the 6tli company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Sherman Bordman to be 
Lieutenant of the first company or trainband in the town of 
New Milford. 

This Assembly do establish Mr. Joseph Hartwell to be En- 
sign of the first company or trainband in the town of New Mil- 
ford. 

This Assembly do establish Mr. Nathan Burret to be Lieu- 
tenant of the company or trainband in the town of Norwalk. 

This Assembly do establish Mr. Elias Scribner to be Ensign 
of tlie company or trainband in the first society in the town of 
Norwalk. 

This Assembly do establish Mr. Thomas Porter to be Lieu- 
tenant of the company or trainband in the town of Cornwall. 

This Assembly do establish Mr. Bennoni Peek to be Ensign 
of the company or trainband in the town of Cornwall. 

This Assembly do establish Mr. John Worster to be Lieu- 
tenant of the 13th company or trainband in the second regi- 
ment in this Colony. 

This Assembly do establish Mr. Joseph Osborn to be Cap- 
tain of the 13th company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Clark to be Ensign 
of the 13th company or trainband in the second regiment in 
this Colony. 

This Assembly do establish Mr. Abraham Granger to be 
Lieutenant of the 2d company or trainband in the town of Suf- 
field. 



1764.] OF CONNECTICUT. 255 

[80] This Assembly do establish Mr. Simon Kendall to be 
Ensign of the second company or trainband in the town of 
Suffield. 

This Assembly do establish Mr. Joseph Bentley to be Lieu- 
tenant of the filth company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Joseph Brewster jun'' to be 
Ensign of the fifth company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Joseph Cleland to be En- 
sign of the fifth company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Stephen May to be Lieuten- 
ant of the 17th company or trainband in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. Elisha Child to be Ensign 
of the 17th company or trainband in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. John Smith to be Captain 
of the west company or trainband in tlie town of Goshen. 

This Assembly do establish Mr. Abel Forward to be Cap- 
tain of the third company or trainband in the town of Syms- 
bury. 

This Assembly do establish Mr. Zacheus Gillit to be Lieu- 
tenant of the third company or trainband in the town of Syms- 
bury. 

This Assembly do establish Mr. Thadeus Cook to be Cap- 
tain of the troop of horse in the 10th regiment in this Colony. 

This Assembly do establish Mr. Miles Merwin to be Lieu- 
tenant of the troop of horse in the lOtli regiment in this Col- 
ony. 

This Assembly do establish Mr. James Royce to be Cornet 
of the troop of horse in the lOth regiment in this Colony. 

This Assembly do establish Mr. Caleb Culver to be Quarter- 
Master of the troop of horse in the 10th regiment in this Col- 
ony. 

This Assembly taking notice of Mr. Agent Jackson's letter 
communicated by the Governor, wherein be desires to be in- 
formed whether he should charge and draw his salary from 
the time he received his commission of agency, or from the 
time when Mr. Ligersol, the Colony's late Agent, left Eng- 
land, 

Resolved hy this Assemhli/, That his Honor the Governor 
be desired to acquaint Mr. Jackson that this Assembly had 
been informed by Mr. Ingersol that it was his understanding 



256 PUBLIC RECORDS [May, 

[he] would not expect his salary to commence until the time of 
liis, Mr. Ingersol's, leaving the business of the Agency : yet 
fully sensible of the great pains taken and of the good ser- 
vices rendered to this Colony by Mr. Jackson, more especially 
in late times of difficulty, and in full confidence of his future 
friendship, this Assembly are desirous he should charge his 
salary from the time he received his commission, which this 
Assembly is informed by Mr. Ingersol was on the 30th day of 
May, 1760 ; and to assure Mr. Jackson, in the name of this 
Assembly, that we shall be always ready, according to our 
ability, to acknowledge in the most suitable manner the ser- 
vices which he has or shall render to this Colony, and to 
desire of him the continuance of his wonted zeal and assid- 
uity in our behalf in all the important concernments we may 
have at the British Court. 

Resolved hy this Assembly, That the Treasurer of this Col- 
ony be and hereby is ordered and directed, from and after 
the rising of this Assembly, to exchange with specie such 
bills emitted on the credit of this Colony in March, 1760, as 
may be offered to him for that purpose, as far forth as he may 
have any stock of silver or gold remaining in his hands not 
appropriated to other use ; and that this resolve be made pub- 
lic, by inserting it in one or more of the common news- 
papers. 

Upon the report of the committee appointed by this As- 
sembly to take into consideration that part of Mr. Agent 
Jackson's letter, dated March 10th, 1764, relative to creating 
a revenue in America : 

[81] Resolved, That Ebenezer Silliman, George Wyllys, 
and Jared Ingersoll, Esq^s, be and they are hereby appointed 
a committee to assist his Honor the Governor for that end 
especially desired, to enter into consideration of that affair, 
and to collect and set in the most advantageous light all such 
arguments and objections as may justly and reasonably [be] 
advanced against creating and collecting a revenue in Amer- 
ica, more particularly in this Colony, and especially against 
effecting the same by Stamp Duties &c. And of such their 
remonstrance to have a competent number of copies printed, 
some part thereof to be by his Honor the Governor transmit- 
ted to Mr. Agent Jackson, and the residue kept and at best 
discretion dispersed here. 

Whereas this Assembly are informed that there are in 
divers towns in this Colony guns and other implements of 
war, as also blankets, knapsacks, and sundry other articles 
belonging to this government that have been provided by the 



1764.] OF CONNECTICUT. 257 

commissaries for tlie use of the soldiery in the late cam- 
paig:ns, some of which guns &c. have been used and returned 
and others have not been used : And wliereas tliere is dan- 
ger that the aforesaid guns <fec. will be lost unless speedy care 
be taken of them, 

Whereupon it is resolved hy this Assembly, That the Depu- 
ties of the several towns in this Colony for the time being be, 
and they are hereby, appointed and impowered, each one in 
the town where he lives, to collect and recover all such guns 
&c. of tlie person or persons in whose custody or possession the 
same shall or may be found, and when the same shall or may 
be found, and when the same shall be received or so recovered 
by such deputy, he is hereby directed and authorized to make 
sale of the same for the benefit of this Colony, and the money 
that sliall be received on account of such sale he shall pay 
and deliver into the liands of the Treasurer of this Colony, 
whose receipt he shall take therefor and lodge the same with 
the Secretary of this Colony. 

And it is further resolved^ That the said Deputies shall re- 
ceive out of the monies raised on the sale of such guns &c. 
at the rate of five per cent., as a recompence for their service. 

Whereas this Assembly in March last did appoint Jabez 
Hamlin, David Rowland, Esq'"^ and Mr. Daniel Lothrop, a 
committee to hear, examine and adjust, the accounts of Ben- 
jamin Bancroft of Suffield, said Benjamin Bancroft and 
Thomas Payson of Boston, traders in company, and Ichabod 
Fitch of Lebanon and Eleazer Pomeroy of Hartford, traders 
in company, wherein the Governor and Company are charged 
for sundry hospital stores provided and delivered for the use 
of the Connecticut troops in the late campaigns ; that said 
committee, having heard all parties concerned and examined 
said accounts, did report that there now remains due to the 
said Benjamin Bancroft from tliis Colony the sum of <£525 
14s. 4id., exclusive of interest arisen on the bills since the 
31st day of December, 1762, and to the said Benjamin Ban- 
croft and said Thomas Payson in company £120 10 2, ex- 
clusive of interest on the bills since the last day of Decem- 
ber, 1760, and to the said Ichabod Fitch and Eleazer Pomroy 
£154 16 11, exclusive of interest on the bills since the last 
of December, 1762 ; which report of the committee in the 
premises is accepted &c., as on file &c. : Resolved by this As- 
sembly, that tlie Treasurer of this Colony for the time being 
pay, and he is hereby ordered and directed to pay, unto the said 
Benjamin Bancroft, the said Benjamin Bancroft and Thomas 
Payson, the said Ichabod Fitch and Eleazer Pomeroy, the sev- 

38 



258 PUBLIC RECORDS [May, 

eral sums above mentioned with 5 per cent, interest thereon, 
in bills of this Colony, since the 31st day of December, 1760, 
and 1762, as aforesaid. 

Whereas it is represented to this Assembly tliat the lands 
contained in the mortgage-deed executed by James Wriglit 
late of Saybrook in the county of New London, deceased, to 
the Governor and Company of this Colony on the first day of 
March, 173f , (which land consists of about thirty acres lying- 
in Saybrook aforesaid,) may be sold for the sum of sixty 
pounds lawful money, in case a proper conveyance might be 
made of the same : It is thereupon resolved by this Assem- 
bly, that upon the payment of sixty pounds lawful money for 
the use of this Colony within the space of eighteen months 
next ensuing, with the lawful interest arising from that time 
on said sum till the time of payment, the committee appointed 
by this Assembly to execute deeds of release of the lands 
mortgaged to the Governor and Company of this Colony be, 
and they are hereby, impowered and directed to execute 
proper deed or deeds of the right of the said Governor and 
Company to said thirty acres of land to such person or per- 
sons as shall pay for the same in manner aforesaid. And 
Mathew Griswold, Esq*', is hereby appointed and directed to 
receive the Treasurer's receipt for the price of the aforesaid 
30 acres of land and lodge the same with the Secretary of 
this Colony accordingly. 

[82] Resolved hy this Assembly, That the King's Attornies 
for the several counties of this Colony shall have power to 
appear in behalf of the Governor and Company of this Col- 
ony in all cases concerning them or that shall be brought for 
or against them in any of the said counties, and shall have 
power to sue in all such bonds as have been given by the sev- 
eral officers, pay-masters or others, to the said Governor and 
Company as shall or may be delivered to either of them by 
the Committee of the Pay-Table or the Treasurer. And they 
are hereby also respectively impowered to sue in all such 
bonds or obligations as were taken for the rights of land in 
Norfolk, as occasion from time to time may call for. 

This Assembly do appoint Capt. Benadam Gallup to be a 
Surveyor of Lands in and for the county of New London. 

This Assembly do appoint Mr. Mathew Hide to be a Sur- 
veyor of Lands for the county of Hartford. 

This Assembly grant to the Hon''''' Thomas Fitch, Esq% 
Governor, one hundred and fifty pounds, for his salary for the 
first half of the current year, and the Treasurer is hereby 
ordered and directed to pay the same accordingly. 



1764.] OF CONNECTICUT. 259 

This Assembly grant to the Hon^''^ William Pitkin, Esq% 
Deputy Governor, fifty pounds, for his salary the first half of 
the current year, and the Treasurer is hereby ordered to pay 
the same accordingly. 

This Assembly grant to Joseph Talcott, Esq"", Treasurer, 
the sum of one hundred pounds, for liis salary the last year. 

This Assembly grant to Joseph Talcott, Esq^, Treasurer, 
the sum of sixty pounds for extraordinary services the last 
year. 

This Assembly grant to George Wyllys, Esq"", Secretary, 
the sum of twenty pounds, for his salary for the last year, 
and the Treasurer is hereby ordered to pay the same accord- 
ingly. 

The Treasurer of tliis Colony is hereby ordered to pay out 
of the public treasury the suiifi of eighty-two pounds four shil- 
lings lawful money to the Hon''''^ Thomas Fitch, Esq"^, Gover- 
nor, for his care and service in drawing bills of exchange for 
.£24670 9 6 sterling, of the monies belonging to the Gover- 
nor and Company of this Colony lodged in the hands of the 
Agent in England. 

This Asseml)ly grants to John Penniman, administrator on 
the estate of Timothy Green late of New London, deceased, 
(late printer to the Governor and Company,) the sum of 
twenty-one pounds sixteen shillings, it being for the last half 
year's salary of the said Timothy Green, deceased, as 
printer as aforesaid, and other articles contained in said 
printer's account against the government, and the Treasurer 
of this Colony is ordered to pay the same accordingly. 

This Assembly grants to Mr. Timothy Green, printer, the 
sum of eleven pounds eleven shillings and four pence in bills 
of credit of this Colony, for services done in printing &g. 
(as per his account,) and the Treasurer is hereby ordered to 
pay the same accordingly. 

Upon the petition of Jonathan Seymour jun"", of Hartford 
in the county of Hartford, representing that he brought his 
action against Josias King of Suffield in said county, admin- 
istrator on the estate of Seth King of said Suffield, deceased, 
on a certain note executed by the said Seth in his life-time, 
wherein he promised the petitioner to pay to him fifty-three 
pounds thirteen shillings on demand, with lawful interest <fec., 
bearing date the 22d of May, 1762, to the county court held at 
said Hartford on the second Tuesday of April, 1763 ; that on 
a plea of non assumiD^t the jury found that said Seth in his 
life-time did not promise and assume in manner and form «fec. ; 
that the petitioner moved for an appeal to the superior court 



260 PUBLIC RECORDS [May, 

held at said Hartford on the first Tuesday of September, 
1763 ; that by mistake said appeal happened not to be en- 
tered : praying liberty to enter said action at the superior 
court to l)e held at said Hartford on the first Tuesday of 
September next, and to have another tryal therein &c. : Re- 
solved by this Assembly, that the petitioner shall have liberty, 
and liberty is hereby granted unto him, to enter the said 
action at said superior court to be held at said Hartford on 
the first Tuesday of September next, and have another tryal 
therein, and that the future cost only shall follow the final 
judgment that shall be given therein. 

[88] Upon the petition of John Swetland and Joseph 
Swetland of Hartford, and William Swetland, Jonathan 
Swetland, Peter Swetland and John Closon and Zeruiah his 
wife, of Hebron, and Caleb Swetland of Kent, and Joseph 
Bassett of Bridgwater in the Province of the Massachusetts 
Bay, William Bassett and Gideon Bassett of Norton, and 
Nathan Bassett of Bridgwater, all in said Province, the 
descendants and heirs of John Swetland late of Lebanon, 
deceased, of Joseph Swetland and of Sarah Bassett, deceased, 
preferred to this Assembly in May last and thence by divers 
continuances brought here, against John Richards, Esq'', of 
New London, shewing to this Assembly that upon a former 
petition of theirs preferred to the General Assembly held at 
Hartford, May, 1760, against the said John Richards, Esq"", 
setting forth and shewing that Benjamin Swetland their rela- 
tive ancestor, formerly of said New London since deceased, 
by his last will and testament gave and devised to his then 
wife Hannah Swetland the use and improvement of certain 
goods and chattels of his for and during her natural life, and 
then to go to the parents &c. aforesaid of the petitioners 
whom they represent; that said Hannah afterwards died, 
leaving a last will and the said Richards her executor, who 
took into his custody the said goods and estate &c. ; praying 
to have a discovery of the same, and to have the same ad- 
judged to them &c., as by said petition at large may more 
fully appear; and thereupon Richard Lord, Jabez Hunting- 
ton and Ebenezer Backus, Esq'"% were by said Assembly held 
May, 1760, appointed a committee with power to enquire 
after said goods and estate in order to a discovery thereof, 
and report make &c. ; which committee having executed said 
trust and made their report to the General Assembly held at 
New Haven in October, 1760, the same was accepted and 
approved ; in and by which report it was found that said John 
Richards had in his custody and detained &c. a negro man 



1764.] OF CONNECTICUT. 261 

called Mingo, one negro woman called Rose, a silver tankard, 
porringer and spoons, silver money and a sum in old tenor 
bills, also a bond against Tho® Fosdick for £431 0, old 
tenor, on interest, &c., as by said report at large may appear; 
praying to have said several goods paid and delivered over to 
the petitioners by said John Richards, as by the petition on 
file: Resolved by this Assembly, that Joseph Spencer of 
East Haddam, Joshua West of Lebanon, and Benjamin Gale 
of Killlngsworth, Esq", be and they are hereby appointed a 
committee with full power, to take into consideration and 
determine to whom according to the will of Benjamin Swet- 
land aforesaid the said goods and chattels, mentioned in said 
report, do of right belong, and in what proportion, and to 
whom tlie same or any part thereof ought to be paid and 
delivered, and to consider what allowances, if any, ought to 
be made by the said John Richards for the use and service of 
said negroes, or either of them, since they have been in his 
hands and custody; as also to consider and determine what 
and how much, if any, there ought to be allowed to said 
Richards for his expences and care in and al)out said articles 
or other matter relative to said estate ; as also to determine 
what sum, if anything, ought to be paid by said Richards for 
said articles, or any of them, in case he should refuse to 
deliver out and pay the same according to such order as this 
Assembly may make to that purpose; and make their report 
in the premises to this or the next session of Assembly. 

Upon the petition of Joshua Hempstead, of Stonington in 
the county of New London, representing to this Assembly 
that on the 25th day of December, 1756, he was holden to 
pay unto Jeremiah Wheeler of said Stonington <£3o 13 6 
lawful money, a great part of which had arisen for interest 
and forbearance allowed by the petitioner to said Wheeler for 
the loan of money at the rate of eleven per cent, per annum, 
or more; that the petitioner's obligation lay against him for 
said sum until the 13th day of March, 1759, when lie being 
unable to pay said sum was unreasonably obliged by the said 
Wheeler to execute a bond to him conditioned for the sum of 
c£47 2 7i, lawful money, therein including the sum of 
£13 9 li, lawful money, for<the interest of sum of £33 13 6 
from said 25th of December, 1756, to said 25th of December, 
1759, and for no other consideration ; that said last men- 
tioned bond remained against the petitioner uni)aid until the 
19th of October, 1762, when the said Wheeler refused to 
wait any longer or to give the petitioner any further day of 
payment thereon, unless the petitioner would then allow in- 



262 PUBLIC RECORDS [May, 

terest on said sum of X47 2 7^ from said 25th day of 
December, 1759, to the 25th of December, 1763, at the rate 
of eleven per cent, per annum compound interest, and add 
the same to said sum of X47 2 7i, and execute notes of 
hand to the petitionee for the whole added together and con- 
fess judg'ment thereon &c. ; that the petitioner was obliged 
to, (being unable to pay said sum,) and did confess four 
several judgments against himself &c. for said last sum 
with the interest added thereto &c., amounting in the whole 
to the sum of £1Q 18 2, lawful money, and that executions 
were taken out against him &c. ; praying for relief etc. : 
Resolved by this Assembly, that Messrs. Pygan Adams, Jere- 
miah Miller and David Gardiner, of New London, be a com- 
mittee to examine the parties under oath and enquire into 
the matters in said petition complained of, and thereof to 
make report with their opinion thereon to this Assembly at 
New Haven in October next; and that said executions and 
proceedings thereon be in the mean time stayed. 

[84] Upon the petition of Joseph Barnard of Hartford, 
against Edward Griswold of Windsor, in said county, repre- 
senting that on the 26th day of March, 1750, by his deed of 
that date mortgaged to the said Edward Griswold ten acres 
of valuable land in said Hartford, bounded and described in 
said petition, for the sum of =£300 old tenor bills by him 
received of said Griswold, to be repaid with lawful interest 
by the first day of August next after the date of said deed ; 
that the petitioner being unable to raise said sum or redeem 
said land, the said Griswold soon after sold the same for a 
much larger sum ; praying that said Griswold be compelled 
to pay the petitioner the surplus monies by him received for 
said land more than said sum of X300 and the interest 
thereof, &c., as per said petition on file: Resolved by this 
Assembly, and it is hereby ordered and decreed, that the said 
Edward Griswold pay and satisfy to the petitioner the sum 
of five pounds six shillings and four pence half penny lawful 
money, in full satisfaction for said surplus by him received 
on the sale of said land, and that execution issue accordingly. 
JEx. granted March 13^7i, 1769. 

Upon the petition of John Walker, of Hartford in the 
county of Hartford, one of the executors of Doct. Normand 
Morrison late of said Hartford, deceased, against George 
Wilmot, of Albany in the Province of New York, represent- 
ing that sometime in April last past there being a controversy 
subsisting between said executor and said Wilmot relating to 
the book-accounts of said deceased and said Wilmot, the 



1764.] OF CONNECTICUT. 2G3 

same was by mutual agreement submitted to arbitration ; 
that before the arbitrators in said case the said Wiimot 
produced an account containing a charge of large sums by 
him paid to Philip Levingstone of New York, and in evidence 
thereof exhibited certain receipts under the hand of said 
Levingstone and his clerks, acknowledging to have received 
the same of said deceased by the hands of said Wilmott, 
which sums were by him alledged and sworn to have been 
paid with his own monies, with which evidence the petitioner 
was surprised, said receipts having been in the hands of said 
deceased and by George Smith, one of his executors, de- 
livered up to said Wiimot and by him produced as aforesaid, 
and said arbitrators, being limited to a certain short period 
for the delivering up their award, did not nor could give 
the petitioner time to procure the necessary evidence to 
evince (as he is now able to do,) that the said monies so 
paid by said Wiimot for which said receipts were given were 
the proper monies of the said Normand, and by him remitted 
to said Levingstone by the hands only of said Wiimot ; for 
want of which evidence said arbitrators allowed said sum in 
favour of said Wiimot, and awarded in his favour the sum of 
£94 2 6, lawful money, for which sum said Wiimot hath 
obtained a judgment at law on the note given by the peti- 
tioner and said Smith to oblige them to abide the said award 
of said arbitrators &c. ; praying that a committee be ap- 
pointed to examine the matters aforesaid, and that said award 
and said judgment on said note may be set aside &c., as per 
petition on file: Resolved by this Assembly, that Messrs. 
Elislia Williams, Erastus Wolcot and Jonathan Wells, be and 
they are hereby appointed a committee with full power, to 
examine into all the matters mentioned and referred to in 
said petition, hear all parties concerned in the premises, and 
report what they shall find with their opinion thereon to this 
Assembly at tlieir sessions in October next; and that the 
execution on said judgment be stayed in the meantime. 

Upon the petition of Godfrey Mallbone, of Newport in the 
Colony of Rhode Island, against John Banister of the same 
Newport, complaining of error in the judgment of the superi- 
or court held at Windham on the third Tnesday of March last, 
in assessing the damages on a bond given to said Banister by 
said Mallbone condition for X5971 old tenor of the Colony of 
Rhode Island, dated May 10th, 1755, and made payable the 
second of December of the same year 1755 ; praying to have 
said judgment reversed and for a new tryal of said cause, or that 
a committee might be appointed to adjust and settle the sum due 



264 PUBLIC RECORDS [May, 

by said bond, as by the petition on file : Resolved by this As- 
sembly, that there is manifest error in the aforesaid judgment 
complained of, and the same is accordingly hereby reversed 
and set aside. Upon which the parties by their respective at- 
tornies appeared before this Asseml)ly and agreed to the ap- 
pointment of a committee as prayed for, and the petitioner be- 
fore this Assembly gave bond to abide the judgment that 
shall be given in the case. Whereupon it is further resolved, 
that such committee be appointed, and Col. Joseph Spencer, 
Ebenezer Backus, Esq"", and Mr. Daniel Lothrop are hei-eby 
appointed a committee with full power to hear the parties 
upon, enquire into and determine, the sum in lawful money 
that is justly due by said bond and the condition thereof, and 
make report thereof to this Assembly at their sessions in Oc- 
tober next. 

[85] Upon the petition of Anne Burnham, of Hartford in 
the county of Hartford, widow, representing that Joseph Buck- 
ingham of said Hartford, Esq"", the only child of the petition- 
er, died some time in or about the month of November, 1760, 
intestate, leaving a plentiful personal estate in goods, chattels, 
monies, negroes &c., but neither father, wife, child, brotber 
nor sister ; that said personal estate by the death of the said 
Joseph fell to and became the property of her, the said Anne, 
the mother, as next of kin to said intestate ; that afterwards, 
on the 4th of June, 1762, before the court of probate then held 
at said Hartford for the district of Hartford, the said Anne, 
the petitioner, moved to have letters of administration grant- 
ed to her on said estate, and that at the same time and place 
appeared Mr. Daniel Buckingham, of Fairfield in the county of 
Fairfield, who was in the relation of a cousin-germain to said 
deceased, and claimed the right to have letters of administra- 
tion granted to him in preference to the right of the said pe- 
titioner thereto ; that said court of probate on a consideration 
thereof rejected the motion of the said petitioner and granted 
letters of administration on said estate unto the said Daniel 
Buckingham ; that from such decree, sentence and doings of 
the said court of probate, the petitioner appealed to the supe- 
rior court held at Hartford on the first Tuesday of September, 
1762, which came finally to the superior court held at said 
Hartford on the first Tuesday of March, 1764, and that on 
consideration of said case and matters aforesaid the said su- 
perior court did by their judgment affirm the decree, sentence 
and doings of said court of probate in rejecting the motion of 
the petitioner and in granting administration to the said Dan- 
iel, as aforesaid, and awarded costs against the petitioner &c. ; 



1764.] OF CONNECTICUT. 265 

complaining that said doings of the court of probate and the 
said judgment of the superior court in affirming the same are 
erroneous ; praying also to have the same reversed &c. : It is 
thereupon resolved by this Assembly, that the sentence, de- 
cree and doings of the said court of probate in rejecting the 
motion of the petitioner and in granting of administration 
unto the said Daniel Buckingham, and the judgment of the 
said superior court in affirming the same, are erroneous, and 
that the said decree and doings of said court of probate and 
the judgment of the said superior court be reversed, and the 
same is hereby reversed, set aside and made void. 

Upon the petition of Anne Burnham, of Hartford in the 
county of Hartford and Colony of Connecticut, widow, repre- 
senting that she was the natural mother and next of kin to 
Joseph Buckingham of said Hartford, Esq'', late deceased, and 
was so at the time of his death, which happened on the 29th 
of November, 1760, he having then neither father, wife nor 
child, and that the nearest relations and kindred to the said 
Joseph (excepting the petitioner) then and still surviving are, 
Daniel Buckingham ot Fairfield in the county of Fairfield, 
John Buckingham, Josiah Buckingham, Jane Treat the wife 
of Robert Treat, Esq .Clemence Treat the wife of Joseph 
Treat, and Alice Treat the wife of Edmund Treat, all of Mil- 
ford in the county of New Haven, who are only uncle and 
aunt's children and cousin-germains to the Slid Joseph, de- 
ceased ; that the said Joseph Buckingham, Esq"", died seized 
and intestate of a large, valuable real estate in lands, tene- 
ments and hereditaments, which by the law and custom of the 
said Colony on the decease of the said Joseph Buckingham 
passed to and became the sole and proper estate of the said 
Anne, who was natural mother and next of kindred to said 
deceased ; that nevertheless the aforesaid cousin-germains, 
viz : the said Daniel Buckingham, John Buckingham, Josiah 
Buckingham, Jane Treat, Clemence Treat and Alice Treat, 
claiming a right to said estate in opposition to the right of the 
said Anne the mother to the said deceased, on motion obtain- 
ed a decree or order of the court of probate for the district of 
Hartford on the 24th of June, 1761, appointing and impower- 
ing Messrs. Ozias Goodwin, Daniel Skinner and Richard Ed- 
wards, or any two of them, to make a distribution of said real 
estate to and among them, the said cousins to said deceased, 
in equal shares, who accordingly afterwards did make a distri- 
bution thereof according to the order and decree aforesaid, 
which distribution being by two of said persons, viz : the said 
34 



266 PUBLIC RECORDS [May, 

Goodwin and Edwards, returned into the office of said court 
under their hands, the same was afterwards, viz : at a court 
of probate held at Hartford for the district of Hartford on the 
first Tuesday of September, 1761, approved by said court and 
ordered to be kept on file ; that from the order and decree of 
said court of probate, as well in ordering said distribution as 
in approving the same, the said Anne the mother appealed to 
the superior court held at Hartford on the first Tuesday of 
September, 1761, wliich cause afterwards by legal removes 
came finally to the superior court held at Hartford on the first 
Tuesday of September, 1762, where on hearing the parties in 
said case and the said matters of fact being all conceded to be 
true as aforesaid, the said superior court did affirm the judg- 
ment, order and decree of said court of probate in ordering 
and approving of such distribution in the form aforesaid, and 
awarded costs against the said Anne the petitioner, and en- 
tered their judgment on record accordingly ; and the said 
Anne, the mother to said deceased, complaining said court of 
probate in ordering and approving said distribution, and the 
said superior court in affirming the same and in awarding the 
costs as aforesaid, manifestly erred and missed the law, for 
that upon the death of the said Joseph Buckingham, Esq^his 
[86] real estate passed immediately to and vested in || the said 
Anne his mother, she being next of kin to said deceased ; 
praying that said order and decree of the said court of probate 
and the said judgment of the said superior court may be re- 
versed &c. : It is thereupon resolved by this Assembly, that 
in the judgment and decree of said court of probate in order- 
ing and approving of the said distribution in the form as afore- 
said, and in the judgment of said superior court in affirming 
the same, there is manifest error, and that the aforesaid order 
and decree of said court of probate, and the judgment of said 
superior court, be reversed, and the same is hereby reversed, 
set aside and made void. 

Upon the petition of Ozias Goodwin, of Hartford in the 
county of Hartford, representing and complaining that on or 
about the first day of June, 1759, the petitioner and one John 
Gilman, of said Hartford and since deceased, executed their 
certain obligation of that date to Peter Mallet, of Stratford in 
Fairfield county but since deceased, for the sum of four hun- 
dred pounds New York money, with interest, and that since 
that time Feter Mallet and Mary Mallet, both of said Strat- 
ford, executors of the last will and testament of said deceased 
Peter Mallet, recovered judgment against said Goodwin on the 



1764.] OP CONNECTICUT. 267 

aforesaid obligation at a county court held within and for said 
Fairfield county, for the sum of £388 lis. 4 d. money afore- 
said, by default ; the said Goodwin further complaining that 
there was sundry large payments made on said obligation more 
than were ever indorsed thereon or any allowance made to 
said Goodwin for in rendering judgment as aforesaid on said 
obligation, so that judgment ought not to have been rendered 
against him for more than the sum of about =£120 money 
aforesaid, and that since the rendering the aforesaid judgment 
said Goodwin hath paid towards satisfying said judgment the 
sum of £39 17 0,lawfnl monej^, and that there is now not 
more than the sum £100 New York money, really due in 
equity for the satisfying said judgment ; thereupon praying 
this Assembly that a committee may be appointed to hear and 
examine the matters aforesaid, and also the parties, concern- 
ing the same, and thereof to report to this Assembly what is 
in equity due on said judgment, both for debt and cost, as per 
petition on file appears: Resolved by this Assembly, that 
Seth Wetmore, Jared Ingersoll and William Sam' Johnson, 
Esq'% be and they are hereby appointed a committee with full 
power and authority to hear and examine all the matters in 
said petition referred, and also to examine the parties con- 
cerning said matters, and thereupon to report to this Assem- 
bly what they shall find in equity due to said executors for the 
satisfying the aforesaid judgment. 

Upon the memorial of Jabez Fitch, Stephen Frost, John Ba- 
con, and the rest of the inhabitants of the town of Canterbury, 
by their agents John Curtiss and Obadiah Johnson, represent- 
ing the grievance of said town by means of a decree or resolve 
of this Assembly in October last, relative to a bridge to be 
built and maintained for the future by said town of Canter- 
bury across Quinebauge River and at the place where a brido-e 
called Butt's Bridge, built and maintained by a voluntary sub- 
scription, formerly stood and was lately carried off by means 
of a mill dam voted by said town to be kept up near said 
bridge across said river, and shewing that while said dam 
stood a bridge rebuilt at that place could not stand <fec., as per 
memorial on file : Wherefore it is granted and ordered by 
this Assembly, that the bridge referred unto in the aforesaid 
memorial be erected by the town of Canterbury in any conven- 
ient place across the said river 2iot exceeding three rods to 
the southward of the same place where the said Butt's Bridge 
formerly stood, which being accordingly built shall be allowed 
and deemed a compliance with the former order and resolve 
in this affair on the part of said town, as if such bridge had 
been erected at the particular place aforesaid. 



268 PUBLIC RECORDS [May, 

Upon the petition of Jonathan Fowler of Guilford, against 
Titus Culver of Wallingiord, preferred to this Assembly in 
May, 1761, complaining of fraud in the sale to the petitioner 
of a certain pretended Indian right of land belonging to one 
Metoxen, an Indian native ; further shewing that the said Cul- 
ver had obtained judgment against the petitioner before New 
Haven county court held April first Tuesday, 1701, on a note 
for <£10 Os. Od. given to said Culver by the petitioner for the 
supposed right ; praying to have said judgment set aside &c. : 
whereupon a committee was appointed to enquire into and 
make report of what they should find in the premises, which 
committee have reported that there was imposition, deceit 
and collusive conduct on the part of said Culver in putting off 
said pretended right, and that the petitioner had not been able 
to obtain anything by force of said sale ; which report hath 
been accepted : Whereupon it is resolved by this Assembly, 
that the aforesaid judgment of said county court rendered 
upon said note shall be, and the same is hereby, set aside, and 
the said note is hereby declared null and void. 

[87] Upon the petition of Joseph Lindsey jun"", Josiah 
Fowler, Daniel Maltbie, Timothy Hoadly, Joseph Lindsey, 
Amos Harrison, Benjamin Maltbie, Josiah Talmage and 
Daniel Pond, all of Brandford, and Abel Munson, Titus Cook, 
Caleb Culver, Samuel Culver, Joseph Bartholomew, of Wal- 
lingford, William Lewis of Durham, Isaac Waterman of 
Midletown, Abner Smith, Sam' Hubbard and Elihu Johnson, 
of Haddam, against Titus Culver of Wallingford, preferred to 
this Assembly in May, 1761, complaining of fraud in the sale 
to the petitioners of a certain pretended Indian right of land 
belonging to one Metoxen, an Indian native, praying to have 
certain notes, by them, the petitioners, given for the purchase 
of said lands, vacated : whereupon a committee was appointed 
to enquire into and report what they should find in the prem- 
ises, and which they did, and made their report to this As- 
sembly in favour of the petitioners, viz: that there was impo- 
sition, deceit and collusive conduct on the part of said Titus 
Culver in putting off said jiretended right and obtaining said 
notes, and that the petitioners had not been able to obtain 
anything by force of said sale ; as by the report may more 
fully appear, which report is accepted : Whereupon it is re- 
solved by this Assembly, that the said several notes referred 
to and described in the said petition be, and they are hereby 
declared to be, null and void, and of no effect and force. 

Upon the report of Messrs. Hezekiah Huntington, Daniel 
Lothrop and Nathaniel Brown, who were a committee appointed 



17G4.] OF CONNECTICUT. 269 

by this Assembly at their sessions in October last to enquire and 
examine into the disposition of the whole estate of Colo. John 
Williams of Stonington, deceased, to and among his children 
and grandchildren by will &c., and also to consider what sum 
the remaining debts due from the estate of said deceased 
amount to, which cannot be discharged by the provision made 
for that purpose by said deceased in his will &c., and also to 
determine who of said children and grandchildren, or whether 
all &c., ought to contribute to tlie payment of the same, and 
in what proportion &c., as per report on file : Resolved by 
this Assembly, that said report of said committee be and the 
same is hereby accepted and approved. And thereupon it is 
further I'esolved and decreed by this Assembly, that the afore- 
said children and grandchildren of said John Williams, de- 
ceased, pay to Mr. John Williams of said Stonington, exe- 
cutor to the last will and testament of said deceased, the sum 
of one thousand and twenty-three pounds fifteen shillings and 
sixpence, lawful money, to pa}^ and discharge the aforesaid 
remaining debts due from the estate of said deceased, and 
that the same be paid by said children and grandchildren in 
the proportion as mentioned in said report, viz: I'hat 
John Williams pay the sum of X 32 16 9 

William Williams pay the sum of 8 18 8 

Thomas Williams pay the sum of 152 10 6 

The grandchildren of said deceased, the heirs 
of Robert Williams, deceased, pay the sum 
of ' 157 9 3 

George Williams pay the sum of 370 3 1 

Edward Williams pay the sum of 248 10 11 

Desire Cheesbrook, the wife of Mr. Amos 

Cheesbrook, pay the sum of 18 3 2 

Thankfull Dennison, the wife of Mr. Avery 

Dennison, pay the sum of 18 4 8 

Mary Wheeler, widow, pay the sum of 16 18 4 

It is also further ordered and decreed by tliis Assembly^ That 
in case any of the aforesaid persons shall neglect or refuse to 
pay the sum hereby decreed for them severally to pay, as 
aforesaid, within one month from the eleventh day of June 
next, with interest for the same from said 11th of June, that 
then on such neglect or failure, the same being duly certified 
to the judge of probate for the district of New London, the 
aforesaid executor is hereby substituted and fully impowered 
to make sale of so much of the real estate of said John Wil- 
liams, deceased, given by said will to sucli person or persons 
so refusing or neglecting, as sliall be sufficient to pay and sat- 



270 



PUBLIC RECORDS 



[May, 



isfy the sum and interest such person or persons are ordered 
to pay in manner abovesaid, respectively, and incident charges 
arising on sucli sale ; said executor talking directions of said 
judge of probate for the district of New London therein. 

Upon the report of Messrs. John Chester, Jonathan Trum- 
ble and Daniel Lothrop, a committee appointed by this As- 
seml)ly to look into the several matters mentioned in the peti- 
tion of Anne Morrison, widow and relict of Doct. Normand 
Morrison of Hartford, deceased, and one of the executors of 
the last will of said Normand, also late widow and the only 
surviving executor of Capt. John Smith formerly of said 
Hartford, deceased, and George Smith, William Smith, 
Robert Nevins and Mary his wife, all of said Hartford, said 
George, William and Mary being the only children and heirs 
of the said deceased John, and Daniel Marsh jun"" and Anne 
his wife, John Walker and Marion his wife, and William 
Knox and Jennet his wife, all of said town, the said Anne, 
Morrison, [Marion] and Jennet being the only children, and 
Normand Morrison and Margaret Morrison the only grand- 
children of said Normand. deceased, appearing by their 
guardian, the said Anne, representing that certain difficulties 
had arisen among them touching the riglits of the parties 
relative to the estates of the said Smith and Morrison, and 
by reason of some peculiar circumstances said difficulties 
could not be settled by suits at law, and the said Anne Mor- 
[88] rison, widow, || having deceased since the first appoint- 
ment of said committee, and they having been reappointed 
and impowered by this Assembly at their sessions in October 
last to go through with the matters whereto they were ap- 
pointed as aforesaid ; And whereas the committee having 
now reported that all said matters referred to as aforesaid 
have been by them considered, and that it is their opinion 
that there was due to the heirs of the said John Smith the 
sura of £635 7 7, lawful money, out of the estate of the said 
Normand, deceased, and that there is due and ought to be 
paid to the said Robert Nevins and Mary his wife, for her 
part and share of said sum, £'200 0, lawful money, with 
the interest thereof from the 4th day of June, 1763, which 
now is the only sum remaining unpaid, the said George Smith 
and William Smith having already received their parts, which 
amounted £435 7 7, like money: It is therefore resolved by 
this Assembly, that the estate of the said Normand Morrison, 
deceased, stand charged with the said sum of £200 with 
interest, to be paid to the said Robert Nevins and Mary his wife 
by said John Walker, who is the only acting executor of the 



1764.] OF CONNECTICUT. 271 

said last will and testament of said Normand, deceased, of said 
deceased's estate in his hands, and that in case of his failure 
therein the said Robert and Mary shall have execution awarded 
against the said executor in due form, signed by the Secre- 
tary, for the levying the aforesaid sum and interest, being 
^212 in the whole. Execution granted July 3c?, 1764. 

Upon the memorial of Joseph Meacham, Cummins Pease, 
Israel Kibbee, Elizur Talcott, John Meacham, Peletiah Pease, 
Samuel Bartlet, Samuel Billings, Aaron Kibbee, Zacheus 
Haunchet, Jacob Winchel, Benjamin King, Ebenezer Allen, 
Samuel Easton, Sam' Easton jun"", Nathan Tiffany, Benja. 
King junr, Joseph Hills, Joseph Meacham junr, David Mea- 
cham, Moses Meacham, Eldad Kibbee, Tliadeus Billings, Joel 
King and John Tiffany, some of the town of Suffield, some 
of the town of Somers, but mostly of the town of Endfield, 
all within the county of Hartford, representing that they are 
all either members in full communion or constant attenders 
with the Baptist church or society who carry on public wor- 
ship in said Endfield according to the Baptist manner and 
form, and are called and known by the denomination of the 
Baptist church in said Endfield under the pastoral care of 
the said Joseph Meacham first named, who is their elder or 
minister ; and of Noah Alden, Thomas Eaton, Daniel Mark- 
ham, Josiah Drake, Uriah Richardson, Elias Lee, Nath' Mon- 
ger, Edward Cobb, Noah Cross, John Ward, Joseph Chamber- 
lain, Joseph Webster, John Butler, Nathaniel Drake, Isaac 
Holms, John Lindsey, Seth Washburn, Daniel Markham jun'', 
Isaac Heath, Leonard Pike, Gershom Richardson, David 
Waslibourn, Christopher Thresher, Nathan Aldridge, Josiah 
Bradley and Samuel Eaton, some of the town of Stafford, 
some of the town of Wellington, some of the town of Tol- 
land, and some of the town of Windsor, all within said 
county of Hartford, representing that they are of the Baptist 
church or society who attend public worship and ordinances 
in the said town of Stafford, under the pastoral care of the 
said Noah Alden, who is their elder or minister ; praying to 
be exempted from paying anything towards the support of 
the ministry or building of meeting-houses in the several 
towns and societies whereto they respectively belong &c. : Re- 
solved by this Assembly, that the memorialists be and they 
are hereby exempted from paying taxes for the support of the 
established ministry, building and repairing meeting-houses, 
in the several towns and societies where they respectively 
belong, during the time public worship shall be constantly 
attended in any of said towns mentioned in said memorial, 



272 



PUBLIC RECORDS 



[May, 



by a congregation of the Baptists according to the custom and 
usage of the churches and congregations of that profession, 
and during the time said memorialists shall reside in the said 
towns where they severally do belong as aforesaid and do 
steadily attend said worship as aforesaid. 

Upon the memorial of John Chester of Groton, adminis- 
trator on the estate of Johu Chester jun% late of said Groton, 
deceased, shewing to this Assembly that the debts and charges 
due from the estate of said deceased surmount the personal 
estate of said deceased the sum of X75 16 0, L. money ; pray- 
ing for liberty to sell so much of the real estate of said de- 
ceased as to raise the sum of £15 16 0, L. money, for paying 
said debts, with the incident charges &c., as per memorial on 
file : Resolved by this Assembly, that said memorialist have 
liberty and he is hereby impowered, to sell so much of the 
real estate of said deceased as to raise said sum of £75 16 
lawful money, for the purpose aforesaid, together with the in- 
cident charges arising on said sale ; taking the direction of 
the court of probate for the district of New London therein. 

Upon the memorial of Joseph Peck, conservator of the 
person and estate of Ebenezer Peck, of New Haven in New 
Haven county, shewing to this Assembly that the debts due 
from the said Ebenezer surmount his moveable estate the sum 
of <£46 10 7, and praying for liberty to sell so much of the 
real estate of the said Ebenezer as to raise said sum : 
Resolved by this Assembly, that the said Joseph Peck have 
liberty and he is hereby impowered, to sell so much of the 
real estate of the said Eben"^ Peck as to raise said sum of j£46 
10 7 with the incident charges arising on such sale. 

[89] Upon the memorial of Aaron Brunson and others, 
inhabitants of a tract of land lying in Farmington in Hart- 
ford county, commonly called the Blue Hills, bounded as in 
said memorial is mentioned and described, being a winter 
parish and school district in said Farmington, representing to 
this Assembly that notwithstanding the priviledges already 
granted them by act of Assembly, they still labour under 
great difficulties and inconveniences, and cannot enjoy God's 
worship and ordinances in such perfection as they earnestly 
desire and think they might without prejudice to their neigh- 
bours ; })raying that the western part of the parish of Ken- 
sington which lies northward of and adjoining to the lands 
possessed by the memorialists may be annexed to them, and 
the whole made and constituted a distinct ecclesiastical 
society, with the usual priviledges and immunities (fee, as per 
memorial on file : Resolved by this Assembly, that Colo. 



1764.] OP CONNECTICUT. 273 

Timothy Stone, Capt. John Fowler and Mr. Thomas Darling 
be, and they are hereby, appointed a committee to repair to 
and view the circumstances and situation of the memorialists 
and also of the parisli of Kensington, hear all parties con- 
cerned, and consider whether it be expedient that the me- 
morialists be made a society or not, and what part, if any, of 
said parish of Kensington shall be annexed to them, and 
whether said society of Kensington shall be divided and how, 
and generally wliatever may be advisable to be done to settle 
all controversies relating to the memorialists and said society 
of Kensington, and to report what they shall find, with their 
opinion thereon, to the Assembly at their session in October 
next. 

Upon the memorial of Thomas Hart and others, inhabit- 
ants of the society of Kensington, representing to this Assem- 
bly that the meeting-house in said society for many years last 
past has been decaying and for want of proper and seasona- 
ble repairs is become very indecent and not fit and comfortable 
for the purpose of public w^orship, and that the different sen- 
timents of the inhabitants of said society are such that they 
cannot by vote agree to repair said house or build another ; 
further representing that said house was at first built by order 
of this Assembly ; praying for the interposition of this As- 
sembly &c. : Resolved by this Assembly, that Colo. Timothy 
Stone, Capt. John Fowler and Mr. Thomas Darling be a com- 
mittee, and they are hereby appointed a committee, to repair 
to said society of Kensington and view the circumstances and 
situation thereof and of the meeting-house therein, and hear 
all persons concerned, and to consider whether it be expedient 
to repair the same or will be more beneficial to said society 
to build anew, and also to consider by whom the expence of 
preferring this memorial and the charge which has been or 
may arise thereon ought to be sustained and paid, and report 
what they shall find in the premises, with their opinion 
thereon, to this Assembly at their sessions in October next. 

Upon the memorial of Dan Throop, Jonathan Lyman, 
Benajah Bill, Thomas Loomiss jun"" and William Williams, 
selectmen of the town of Lebanon in the Colony of Con- 
necticut, representing to this Assembly that a certain Indian 
squaw by the name of Debb, of the Pequot tribe, born and 
brought up at Groton, came into said town about 5 or 6 years 
since and lived about from place to place the most of the time 
since; that in the month of January, 1763, she was in said 
town of Lebanon delivered of two male bastard negro chil- 
dren ; that for the necessary preservation of said children the 
85 



274 PUBLIC EECORDS [May, 

said selectmen have, at the expencc of the town, supported 
and taken care of said cliildreii, and that they, said cliildren, 
are still a charge on said town ; further shewing, as by cer- 
tificate, that they have already expended and paid the sum of 
£13 15 0,L. money, for their support, and that more is yet 
due and unpaid on the same account; praying for liberty to 
bind out, assign, and dispose in service said two negro chil- 
dren, born and supported at their expence, so long as shall 
be necessary to indemnifie said town for and from such ex- 
pence, only not exceeding their arriving to thirty years of 
age etc., as per memorial on file: Resolved by this Assem- 
bly, that said selectmen have liberty and they are hereby 
authorized and impowered, to bind out, assign and dispose in 
service at their best discretion the said two negro bastard 
children so long as they shall find necessary to indemnifie 
the said town for and from the exjience incurred for their 
support as aforesaid, only not exceeding their not arriving to 
the age of twenty-five years, which binding shall be good and 
eiTectual for holding such children for and during the term 
aforesaid. 

Upon the memorial of Elisha Brocket, administrator cum 
testamento annexo on the estate of David Brocket late of 
Wallingford, deceased, representing to this Assembly that 
since the former sale of lands by act of Assembly for the 
payment of the debts of said deceased formerly exhibited, 
there hath been allowed by the court of probate for the dis- 
trict of New Haven the sum of <£3 15 11 further debt due 
from said estate, which he hath not moveable estate in his 
hands to pay, and praying for liberty to sell so much real 
estate as may be sufficient to pay said sum Ac, as per memo- 
rial on file : Resolved by this Assembly, that the memorial- 
ist have liberty, and liberty and authority is hereby granted 
to him, to sell so much of the real estate of said deceased as 
may be sufficient to pay said sum of X3 15 11 with incident 
charges arising on such sale ; taking the direction of the 
court of probate for the district of New Haven therein. 

Upon the memorial of Daniel Tyrrel, of Stratford in Fair- 
field county, administrator on the estate of Hez^ Tyrrel 
late of said Stratford, deceased, representing to this Assem- 
bly that the debts and charges due from the estate of said 
deceased and allowed by the court of probate for the district 
of Fairfield surmount the moveable estate of said deceased 
the sum of <£6 16 7, lawful money; praying for liberty to 
sell so much of the real estate of said deceased as shall be 
sufficient to pay said sum &c., as per memorial on file: Re- 



1764.] OF CONNECTICUT. 275 

solved by tbis Asseml)ly, that the memorialist have liberty, 
and liberty and authority is hereby granted to him, to sell so 
much of the real estate as shall be sufficient to pay and sat- 
isfy said sum of £6 IG 7, L. money, with the incident charges 
arising thereon ; taking the directions of the court of probate 
for the district of Fairtield therein. 

[90] Upon the memorial of John Stone and Eleazer Stone, 
both of Milford, executors of the last will and testament of 
Joseph Stone late of Milford, deceased, representing to this 
Assembly that the debts and charges due from the estate of 
said deceased and allowed by the court of probate for the 
district of New Haven surmount the moveable estate of said 
deceased the sum of £53 5 7i. L. money ; praying for lib- 
erty to sell so much of the real estate of said deceased as 
shall be sufficient to pay said sum &c., as per memorial on 
fde&c: Resolved by this Assembly, that the memorialists 
liave liberty, and liberty and authority is hereby granted to 
them, to sell so much of the real estate of said deceased as 
shall be sufficient to pay and satisfy said sum of X53 5 7| 
with the incident charges arising thereon; taking the direc- 
tion of the court of probate for the district of New Haven 
therein. 

Upon the memorial of Thomas Durkee, of Woodbury in 
Litchfield county, administrator on the estate of Abijali 
Durkee late of Litchfield in the district of Litchfield, de- 
ceased, shewing to this Assembly that the debts due from 
the estate of said deceased surmount the personal estate of 
the [deceased] and a former account allowed the sum of 
£21 15 5^; praying for liberty to make sale of so much of 
the real estate of the said deceased as to answer the sum &c., 
as per memorial on file : Resolved by this Assembly, that 
the said Thomas Durkee have liberty, and liberty is hereby 
granted unto him the said Thomas Durkee, to make sale 
of so much of the real estate of the said Abijah, deceased, 
as to answer and pay the said sum of .£21 15 9 with the 
incident charges on said sale arising ; taking the direction of 
the court of probate in the district of Litchfield therein. 

Upon the memorial of Samuel Jones, of Stratford in tlie 
county of Fairfield, administrator on the estate of James 
Dunlop late of said Sti-atford, deceased, representing to this 
Assembly that the debts (already appearing and allowed by 
the court of probate) due from said estate do surmount the 
moveable estate of said deceased the sum of £195 11 4, L. 
money ; praying for liberty to sell so much of the real estate 
of said deceased as shall be sufficient as to raise said sum &c., 



276 PUBLIC RECORDS [May, 

as per memorial on file appears : Resolved by this Assembly, 
that the said memorialist have liberty, and liberty and authority 
is hereby granted to him, to sell and convey so much of the 
real estate of said deceased as shall be sufficient to raise said 
sum together [with] the incident charges of such sale ; taking 
the advice of the court of })robate for the district of Fairfield 
therein. 

Upon the memorial of Judah Hart and Saralj Hart, both 
of Farmington, the said Sarah being wife to said Judah and 
before their intermarriage she was administratrix on the 
estate of James North late of Canaan, deceased, represent- 
ing to this Assembly that since the sale of land ordered by 
the General Assembly for the payment of debts due from the 
estate of said deceased, more debts hath appeared against 
said estate to the amount of £10 10 6, L. money; praying 
for liberty to sell so much of the real estate of said deceased 
as shall be sufficient to satisfy said sum &c., as per memorial 
on file : Eesolved by this Assembly, that Daniel Hosford of 
Canaan have liberty, and liberty and authority is hereby 
granted unto him, to sell so much of the real estate of said 
deceased as to pay said sum of XIO 10 6 with the incident 
charges arising thereon ; taking the directions of the court of 
probate for the district of Sharon therein. 

Upon the memorial of Johnson Quiomps, Amos Miller, 
Moses Shuntup, Easter Tugwis, Abner Cuttops, John Qui- 
omps, Jacob Sowers, Peter Pawhege, Elizabeth Pawhege, Sam- 
uel Apes, and Simon Sockient, Pequot Indians living at 
Stonington, in behalf of themselves and the rest of said 
Pequots, shewing to this Assembly that Isaac Huntington 
and Elienezer Backus, Esq''% of Norwich, were by this As- 
sembly appointed their overseers, which said Isaac Hunting- 
ton, Esq'', is since deceased, and praying that this Assembly 
would appoint Mr. Israel Hewit jun'', of said Stonington, 
their overseer in room of said Isaac Huntington, Esq"", as 
per memorial on file: Resolved by this Assembly, that the 
said Israel Hewit jun^ be appointed, and he is hereby ap- 
pointed, an Overseer of said Indians, in the room of said 
Isaac Huntington, Esq"", deceased, to take the oversight of 
said Indians and their estate in conjunction with said Eben"" 
Backus, Esq^ 

Upon the memorial of Oliver Fairchild, of Newtown in Fair- 
field county, conservator over Peniiudi Turner of said New- 
town, representing to this Assembly that he hath expended 
towards the support of the said Peninah Turner since the sale 
of land ordered by the General Assembly for that purpose, 



1764.] OF CONNECTICUT. 277 

the sum of <£19 7, L. money, tlie same being allowed by the 
county court held in Fairfield in April last; praying for lib- 
erty to sell so nmch of the real estate of said reninah as to 
satisfy said sum with the incident charges tfec, as per memo- 
rial on file : Resolved by this Assembly, that the memorial- 
ist have liberty, and liberty and authority is hereby granted 
unto him, to sell so much of the real estate of the said Peni- 
nah as may be sufficient to satisfy said sum of £19 7 with 
the incident charges arising thereon. 

[91] Upon the memorial of Thomas Parmer]ee,Martin Smith, 
Abraham Kirby, Joseph Kirby, Gilbert Hall, Elijah Smally, 
Thomas Parmerlee jun"" and John Gould Parmelee, all of 
Litclifield in the county of Litchfield, shewing to tliis Assem- 
bly that they are settled in tiie southwest part of said Litch- 
field at the distance of eight and nine miles from the place of 
public worship in said Litchfield, and sonie of them within the 
distance of three miles, and all of them within the distance of 
four miles from the place of public worship in the society of 
Judea in Woodbury in said county &c. ; praying this Assem- 
bly to annex the southwest part of said Litchfield to the said 
society of Judea and make the same a part of said society dur- 
ing tlie pleasure of this Assembly, viz: all the lands within 
the limits following. Beginning at tlie northeast corner of said 
Judea and i-uns northerly by said Thomas Parmerlee's farm 
on which he now dwells, so as to include said farm, to the 
northeast corner of Stephen Hand's lot of land ; thence west- 
ward, so as to include said Gilbert HalFs on which he now 
lives, to the northeast corner of said Joseph Kirby's farm on 
which he now lives ; thence still westward to the northwest 
corner of said Kirby's farm ; thence still westward to the 
northwest corner of said Parmelee's land by Shepauge River ; 
thence southward by said river to the southwest corner of said 
Litchfield ; from thence eastward to the first-mentioned corner ; 
and ])raying to be exempted from paying minister's rates, 
school rates, meetinghouse rates, and other society rates in 
said Litclifield, and be allowed to pay the said rates in said 
society of Judea ; praying that they and all who may hereaf- 
ter settle on the lands above described may be exempted from 
attendance on trainings and other military duty in said Litch- 
field, and be annexed to the military company in said society 
of Judea, as per memorial on file : Resolved by this Assem- 
bly, that the lands within the limits and boundaries above de- 
scribed be annexed to and remain a part of said society of 
Judea, and that the memorialists and all others that may live 
within said limits shalj, be exempted from paying minister's 
rates, school rates, meeting-house rates, and other society 



278 PUBLIC RECORDS [May, 

rates in said Litchfield, and shall pay said rates in the said 
society of Judea during tlie pleasure of this Assembly. And 
it is further resolved, that the memorialists and all others that 
may live within the limits above described shall be exempted 
from attendance on trainings and other military duty in said 
Litchfield, and that they be and they are hereby annexed to 
the military company in said society of Judea, and shall do all 
military duty in said company during the pleasure of this As- 
sembly. 

Upon the memorial of Rhoda Beach of Stratford, executrix 
of the last will and testament of David Beach late of said 
Stratford, deceased, representing to this Assembly that the 
moveable estate of said deceased is not sufficient to pay the 
debts and charges due from said estate, therefore praying that 
so much of the real estate of said deceased may be sold as 
will be sufficient to pay the debts and charges that surmount 
said moveable, being £24 6, lawful money, as per memorial 
&c. : Resolved by this Assembly, that the memorialist have 
liberty, and liberty and authority is hereby granted to her, to 
sell so mucli of the real estate of said deceased as shall be suf- 
ficient to pay said sum of <£24 6, L. money, with the incident 
charges arising thereon ; taking the directions of the court of 
probate for the district of Fairfield therein. 

Upon the memorial of Christopher Holms, Samuel Gates 
jun"" and William Church, selectmen of the towai of East Had- 
dam in the county of Hartlbrd, representing to this Assembly 
that one Jonathan Hinckley of said town was in the year 1757, 
with the advice of Joseph Spencer, Esq"", a justice of peace 
for said county, taken with his family into the care of the se- 
lectmen of said town, he being likely to come to want by mis- 
management and bad husbandry; that they set up notifica- 
tions and took an inventory of his estate according to law ; 
that said Hinkley was much in debt and had several helpless 
children, which soon swallowed up all his personal estate, and 
that said selectmen at sundry times heretofore, on application 
to this Honourable Assembly, obtained liberty for sale of part 
of his lands, tJie last of which applications and liberty was in 
May, 1763, and that said Hinkly and family still continue un- 
der the care of said selectmen, and one of his children being 
very expensive through lameness and impotency, the charge of 
sup})orting said family since May, 1763, to the present time 
amounts to the sum of <£25 0, lawful money, and that there 
is no moveable estate to pay any part thereof ; therefore pray- 
ing for liberty to sell so much of said Hinkley's real estate as 
to satisfy and pay said sum with the incident charges <fec., as 



17G4.] OF CONNECTICUT. 279 

per memorial on file : Resolved by tliis Assembly, that said 
Samuel Gates jun"^ and William Church be impowered, and 
they are hereby impowered, to make sale of so much of the 
real estate of said Hinkley as will be sufficient to pay said sum 
of £25 0, L. money, with tlie incident cliarge of sale, to be 
by them improved for the purpose aforesaid. 

On the memorial of Mary Wolcott, administratrix on the es- 
tate of Ephraim Wolcott of Windsor, deceased, for lil)erty to 
sell of the real estate of the said deceased so much as will raise 
the sum of ^£85 0, L. money, for the payment of the debts 
due from said estate with incident charges &c. : Resolved by 
this Assembly, that the said Mavy Wolcott, the said memori- 
alist, sell of the real estate of the said deceas'd so much as will 
raise the sum of eighty-five pounds lawful money with inci- 
dent charge of sale ; taking advice of the court of probate for 
the district of Hartford therein. 

[92] Upon the memorial of Josiah Rogers, one of the in- 
habitants of the society of North ford, and the rest of said so- 
ciety, representing to this Assembly that soon after the mak- 
ing of the said society a number of the inhabitants of the first 
society of Wallingford living on farms contiguous to said so- 
ciety, on their application to the General Assembly for that 
purpose, were annexed to said society ; that the meeting- 
house in said society was placed with equal regard to said an- 
nexed inhal)itants as well as the rest of said society ; tliat the 
annexed inhabitants make one-fifth part of said society, and that 
the taking off sucli a quantity of the list of said society would 
greatly weaken said society, and that difficulties have arisen 
in said society by the heirs &c. of said annexed inhabitants, 
who refuse to pay their rates to said society ; praying to 
this Assembly for relief in the premises, as per memorial 
on file : Resolved by this Assembly, that the northern bounds 
of the said society of Northford shall be and remain as follows : 
Beginning at the Pauge Pond, so called, at the northeast corner 
of said annexed lands, from thence to run a direct line to the 
northwest corner of said lands which is the northwest corner of 
a certain lot now belonging to Abel Munson of said Northford 
lying near upon the top of a mountain or ledge, called Street's 
Ledge, from thence to be continued (m the height of the said 
ledge, as the ledge runs, to a heap of stones, which is the known 
bounds of New Haven, Wallingford and Brandford ; and that 
all the inhabitants south of the abovesaid line shall be and be- 
long to the said society of Northford. 

On the memorial of Joseph Enos and Mary Loomiss, execu- 
tors to the last will and testament of James Enos late of Un- 



280 PUBLIC RECORDS [May, 

ion, deceased, for liberty to sell of the real estate of said de- 
ceased so much as will raise the sum of £76 10 5 lawful mon- 
ey, for the payment of the debts due from said estate with 
incident charges &c. : Resolved by this Assembly, that the 
said Joseph Enos and Sarah Loomiss, memorialists, sell of the 
real estate of the said deceased so much as will raise the sum 
of £16 10 5 lawful money, with incident charges of sale ; tak- 
ing the advice of the court of probates in the district of Staf- 
ford therein. 

On the memorial of William Rockwell, administrator on 
the estate of Seth Rockwell late of Midletown, deceased, 
shewing to this Assembly that the debts and charges due 
from the estate of said deceased and allowed by the court of 
probate for the district of Midletown surmount the moveable 
part of tlie estate of said deceased the sum of .£14 17 li 
lawful mouey, and thereupon praying for liberty to sell real 
estate: Resolved by this Assembly, that the memorialist 
have liberty to sell so much of the real estate of said de- 
ceased as "will procure the aforesaid sum of <£14 17 IJ, lawful 
money, together with the incident charges arising on such 
sale ; taking the direction of the court of probate for the 
district of Midletown therein. 

Upon the memorial of Nathaniel Benidict, of Norwalk in 
Fairfield county, conservator over Thomas Raymond of said 
Norwalk, an impotent person, representing to this Assembly 
that he hath expended towards the support of said Thomas 
Raymond the sum of <£28 9 8, L. money, the same liaving 
been examined and allowed by the county court held in 
Fairfield in April last ; praying for liberty to sell so much of 
the real estate of said Thomas Raymond as shall be sufficient 
to pay said sum &c., as per memorial on file &c. : Resolved by 
this Assembly, that the memorialist have liberty, and liberty 
and authority is hereby granted unto him, to sell so much of 
the real estate of said Thomas Raymond as shall be sufficient 
to pay said sum of X28 9 8, L. money, with the incident 
charges arising thereon. 

Upon the memorial of Hannah Lacey of Fairfield, admin- 
istratrix on the estate of David Lacey late of said Fairfield, 
deceased, shewing to this Assembly that the debts due from 
the estate of said deceased surmount his moveable estate the 
sum of X7 5 Sf, L. money, and praying for liberty to sell so 
much of the real estate of said deceased as will pay and 
satisfy said sum of £7 5 8| with incident charges arising on 
such sale : Resolved by this Assembly, that the said Han- 
nah Lacy have liberty, and liberty and authority is hereby 
granted her, to sell so much of the real estate of the said 



1764.] OP CONNECTICUT. 281 

David Lacey as will be sufficient to pay and satisfy said sum 
of <£7 5 3f lawful money, with the incident charges arising 
on such sale; taking directions of the court of prol)ate in 
the district of Fairfield therein. 

Upon the memorial of Nehemiah Betts of Norwalk, ad- 
ministrator on the estate of Timothy Betts late of said Nor- 
walk, deceased, representing to this Assembly that the debts 
and charges due from the estate of said deceased and allowed 
by the court of probate for the district of Fairlield surmount 
the moveable estate of said deceased the sum of X51 0, L. 
money; praying for liberty to sell so much of the real estate 
of said deceased as shall be sufficient to pay said sum &c., 
as per memorial on file: llesolved by this Assembly, that 
the memorialist have liberty, and liberty and authority is 
hereby granted to him, to make sale of so much of the real 
estate of said deceased as shall be sufficient to pay and sat- 
isfy said sum of Xol with the incident charges arising 
thereon: taking direction of the court of probate for the 
district of Fairfield therein. 

[9^-5] Ui)Oii the memorial of Ezra Hoit jun'", of Norwalk in 
Fairlield county, conservator over Thomas Fullar of said 
Norwalk and his estate, he being an impotent person, repre- 
senting to this Assembly that the memorialist hath expended 
towards the support of the said Thomas Fullar the sum of 
£28 3 0, L. money, the same being examined and allowed 
by the county court held in Fairfield in April last ; praying 
for liberty to sell so much of the real estate of said Thomas 
Fullar as shall be sufficient to pay said sum <tc., as per me- 
morial on file : Resolved by this Assembly, that the memo- 
rialist have liberty, and liberty and authoi ity is hereby granted 
to him, to make sale of so much of the real estate of said 
Thomas Fullar as shall be sufficient to pay and satisfy said 
sum of X28 3 with the incident charges arising thereon. 

Upon the memorial of John Harpin jun"", of Milford, shew- 
ing to this Assembly that he, being nominated by the civil 
authority &c. in said town to keep a tavern the current year, 
by reason of certain accidents could not obtain such nomina- 
tion after the month of January was out, and so failed of 
obtaining a licence &c. ; praying to be allowed to keep such 
tavern &c., as per memorial on file: Resolved by this As- 
seml)ly, that the memorialist have liberty to keep a house of 
public entertainment in said town of Milford the current 
year, on his giving bond before the county court in Kew 
Haven county to observe all the laws relating to tavern- 
keepers. 

36 



282 PUBLIC RECORDS [May, 

Upon tlie memorial of Damaris Bm'ch, administratrix 
on the estate of Robert Birch late of said Killing'slee, 
deceased, shewing to this Assen:ibly that the dehts due I'roni 
the estate of said deceased surmount the whole personal 
estate of said deceased the sum of £40 10s. 2d. L. money ; 
jiraying for liberty to sell so much of the real estate of said 
Robert Birch as to raise said sum of £40 10 2, L. money, 
for the purpose of paying said surplusage of debts of said 
deceased, as aforesaid, with incident charges of sale, as per 
memorial on file : Resolved by this Assembly, that said 
administratrix have liberty and she is hereby authorized and 
impowered, to make sale of so much of the real estate of 
said deceased as to raise said sum of £40 10 2, lawful 
money, for the payment of said debts, with the incident 
charges arising on said sale; taking the direction of the 
court of probate for the district of Pomfret therein. 

Upon the memorial of Hannah Burnham and Ezra Burn- 
ham, administrators on the estate of Aaron Burnham late of 
Hartford, deceased, representing to this Assembly that the 
debts and charges due from said deceased's estate surmount 
the personal estate the sum of £G3 19 9, L, money, and that 
they have no jjersonal estate to pay the same, as per memo- 
rial on file : Resolved by this Assembly, that the memorial- 
ists have liberty and they are hereby fully impowered, to 
make sale of so much of the real estate of said deceased as 
to procure said sum of £63 19 9, L. money, for the payment 
of said debts, with incident charges arising on such sale ; 
taking the direction of the court of probate for the district 
of Hartford therein. 

Upon the memorial of Paul Londrce of New Milford, rep- 
resenting to this Assembly that the memorialist on the 9th 
day of April, 1764, by accident had his house consumed by 
fire, together with a si.m of money to the amount of £8 17 6 
L. money, principal, in bills of a different date, viz: two 20s. 
bills of 1760 date, one forty-shilling bill of 1762 date, three 
20.S. bills of 1762 date, one 20s. bill of 1763, and three 5s. 
bills of 1762 date, and one 2s. 6d. bill, date uncertain ; 
prayijig for relief in the premises &c., as per memorial on 
file: Resolved by this Assembly, that the Treasurer of this 
Colony be ordered, and he is hereby ordered, to pay unto the 
memorialist out of the treasury of said Colony the sum of 
£9 5 1 in bills of credit of this Colony.- 

Upon the memorial of Ezra Shaler of Haddam, shewing to 
this Assembly that on or about the 20th day of June, 1763, 
liis pocket-book by accident slipt out of his pocket and fell 



17B4.] OP CONNECTICUT. 283 

into Connecticut River, having in it at tlie same time one 
20s. bill and two 5-9. bills of the Colony of Connecticut 
emitted March 2G, 1761, which bills were irrecoverably lost 
in said river, and praying that a sum equal thereto be paid 
him out of the treasury of this Colony: Resolved by this 
Assembly, that the Treasurer of this Colony pay, and he is 
hereby ordered and directed to pay, to the said Ezra Shaler 
out of the treasury of this Colony a sum in the bills of credit 
of this Colony equal to the aforesaid three bills. 

Upon the memorial of Abner Scovel, administrator on the 
estate of Arter Scovel late of East Haddam, deceased, rep- 
resenting to this Asseml)ly that the debts due from the estate 
of Arter Scovel late of East Haddam, deceased, surmount 
the personal estate of said deceased the sum of .£71 8 11 
lawful money, and praying for liberty to sell so much of the 
real estate of said deceased as will be sufficient to raise said 
sum : Resolved by this Asseml)ly, that the said Abner Scovel 
have liberty, and liberty is hei'eby granted to said Abner 
Scovel, to sell so much of the real estate of said deceased as 
will be sufficient to raise said sum with the incident charges 
arising thereon; taking the direction of the court of probate 
in the district of East Haddam therein. 

[94] Upon the memorial of Moses Allen, shewing to this 
Assembly that he, being in the campaign in the year 1759, 
was drafted to go under the command of Major Rogers to 
annoy the Indians at St. Francois, where he suffered greatly 
and was rendered unable to support himself &c. ; praying 
for relief in the premises &c., as per memorial on file: Re- 
solved by this Assembly, that the said Moses Allen have paid 
him out of the Colony treasury twenty pounds in bills of 
credit; and the Treasurer of this Colony is hereby ordered 
to pay the said Moses Allen the said sum of X20 out of 
the said treasury. 

On the memorial of John Kirby and Ruth his wife, admin- 
istrators on the estate of Amos Coleman late of Midletown, 
deceased, shewing to this Assembly that the debts, charges 
&c., due from said estate surmount the moveable estate of said 
deceased the sum of £>\S 13 6i, and thereupon praying for 
liberty to sell real estate, as per said memorial on file: Re- 
solved by this Assembly, that the memorialists have liberty, 
and they are hereby authorized and impowered, to sell so much 
of the real estate of said deceased as will procure the afore- 
said sum of £33 13 6^, L. money, to enable them to pay the 
debts aforesaid, together with the incident charges arising on 
such sale ; taking the direction of the court of probate for 
the district of Midletown therein. 



284 PUBLIC RECORDS [May, 

On the memorial of Daniel Francis of Killingswortli, ad- 
ministrator on the estate of Benjamin Spencer late of Had- 
dam in the district of Midletown, deceased, shewing to this 
Assembly that the debts and cliarges due from the estate of 
said deceased snrmonnts the moveable estate of said deceased 
the sum of £20 14 6, L. money; praying for liberty to sell 
real estate, as 'per memorial on file : Resolved by this As- 
sembly, that the said Daniel Francis have liberty and he is 
impowered, to make sale of so much of the real estate of said 
deceased as will raise said sum of £20 14 6, L. money, with 
the incident charges of said sale ; taking the direction of the 
court of probate in the district of Midletown therein. 

On the memorial of Hezekiah Humphry, Esq'', adminis- 
trator on the estate of James Bunce late of Symslmry in the 
district of Hartford, deceased, to this Assembly for liberty to 
make sale of so much of the real estate of the said deceased 
as will raise the sum of <£12 13 10i,L. money, for the pay- 
ment of the debts due from said estate : This court grants 
liberty to the said Hezekiah Humphry, administrator on the 
estate of the said James Bunce, to sell so much of the real 
estate of the said deceased as will procure the sum of XI 2 
13 lOJ, L. money, with necessary charge arisirig thereon ; tak- 
ing the advice of the court of probate in the district of Hart- 
ford therein. 

Upon the memorial of Mary Andruss, administratrix on 
the estate of Lieut. David Andruss late of Farmington, de- 
ceased, shewing to this Assembly that the debts and charges 
due from the estate of said deceased, with necessaries set to 
the widow, surmount the moveable estate of the said deceased 
the sum of c£83 8 0, lawful money ; praying to this Assembly 
that the memorialist may be impowered to make sale of so 
much of the real estate of said deceased as to raise the sum 
of X83 8, lawful money, with the incident charges arising on 
said sale : Resolved by this Assembly, that the memorialist 
have liberty, and the memorialist is hereby impowered, to 
make sale of so much of the real estate of the said deceased as 
to raise said sum of X83 8 with incident charges arising 
on said sale ; she taking tlie directions of the court of probate 
in the district of Hartford therein. 

Upon the memorial of Moses Holms and Mary Stoel, both 
of Willington, executors of the last will and testament of 
David Stoel late of Willington, deceased, representing to this 
Assembly that the debts and charges due from the estate of 
said deceased and allowed by the court of probate for the 
district of Stafford surmount the moveable estate of said de- 



1764.] OP CONNECTICUT. 285 

ceased the sum of £65 19 5, L. money; praying for lil)crty 
to sell so much of the real estate of said deceased as shall he 
sufficient to pay said sum &c., as per memorial on file: 
Resolved by this Assembly, that the memorialists have liberty, 
and liberty and authority is hereby granted to'them, to sell so 
much of the real estate of said deceased as shall be sufficient 
to pay said sum of £Q5 19 5 with the incident charges 
arising thereon ; taking the direction of the court of prol>ate 
for the district of Stafford therein. 

Upon the memorial of Ann Sedgwick, of Cornwall in 
Litchfield county, shewing that she liveth on a road greatly 
used by travelers and hath been for many years a tavern- 
keeper licenced according to law &c., and that thrO some mis- 
understanding the authority &c. of said Cornwall neglected 
to nominate her in the month of January last &c. ; praying 
for licence to be a tavern-keeper to retail strong liquor &c., 
until tlie fourth Tuesday of April next, as per memorial on 
file : Resolved by this Assembly, that the said Ann Sedgwick 
have licence, and licence is hereby granted unto her, to be a 
tavern-keeper and retailer of strong liquors &c., until the 
fourth Tuesday of April next: provided 'that she, the said 
Ann Sedgwick, give bond to the county court in Litchfield 
county to observe all the laws respecting tavern-keepers. 

[95] Upon the memorial of John Williams of Sharon, and 
Cyrus Marsh of Kent, both in the county of Litchfield, shew- 
ing to this Assembly that the memorialists, with others, were 
appointed by this Assembly at their sessions in October, 1761, 
to assist one William Turner in managing a lottery, called 
Housatonuck River Lottery, and that the memoi-ialists with 
the rest of said managers, having taken all possible care to 
plan said lottery and to prepare the same for a draft, did 
meet together in Sharon aforesaid and finding a considerable 
number of their tickets unsold the said Turner, who had sold 
eight hundred and fifty-seven of said Tickets which he had 
kept in his own hands, did receive about two hundred more 
of said tickets of the rest of the managers, and soon informed 
the managers that he had sold them also ; whereupon the 
managers proceeded and near upon finished the draft of said 
lottery, and before the managers could account amongst them- 
selves the said William Turner died, having in his hands the 
aforesaid number of ten hundred and fifty-seven tickets to 
account for &c. ; praying to this Assembly for their direction 
as to their future i)roceeding in the matter of said lottery, as 
per memoiial on file : Resolved by this Assembly, that In- 
crease Mosely, Bushnel Bostwick and Isaac Baldwin, Esq''^ 



286 PUBLIC RECORDS [May, 

be a committee to enquire into the accounts of the memorial- 
ists and the rest of the managers severally conccrnino- the 
monies each of them have received as managers of said lot- 
tery, and also to enquire into the estate of the said William 
Turner, deceased, and report the several accounts of said 
managers, together with what tliey find with regard to the 
estate of the said William Turner, to this Assembly at their 
sessions in October next. , 

Upon the memorial of Asahel Strong, Noah North and 
David Austin, all of Torrington in the county of Litchfield, 
listers of the town of Torrington for the year 1763, repre- 
senting that Noah Marshal and Thomas Coe, both of Litch- 
field county, and Amasa Marshall, of said Torrington, being 
duly warned to give in a list of their several estates rateable 
in said town of Torrington, whereof they were possessed 
on the 20th of August, 1768, did wliolly neglect and design- 
edly refuse to exhibit to said listers any list of their said 
estates ; that the memorialists afterwards gaining intelligence 
of their several estates as aforesaid did set the said Noah 
Marshall the sum of £35 0, the said Thomas Coe £32 12 
0, and tlie said Arhasa Marshall £148 8 0, in the grand list 
of said Torrington, as a fourfold assessment for their negli- 
gence and refusal as aforesaid ; that the said persons so four- 
folded, upon application to the authority and selectmen of said 
Torrington, did procure bills of abatement of said fourfold 
assessment ; and the memorialists praying for relief &c., as 
per memorial on file &g. : Resolved by this Assembly, that 
each and every of the aforesaid bills of abatement granted 
and procured as aforesaid be null and void and for nothing 
esteemed. 

Upon the memorial of Roger Billings and others, inhabit- 
ants in the town of Voluntown, in the north society in Ston- 
ington and in the second society in Preston, shewing to this 
Assembly that those of them in the town of Voluntown live 
in general ten miles from the meeting-house in said town ; 
that those of them in said north society in Stonington and in 
the said second society in Preston are situate at six and five 
miles from the meeting-houses in said societies ; that it would 
be greatly for the benefit and advantage, both civil and reli- 
gious, of the inhabitants included within the following lines 
and limits to be made into a distinct ecclesiastical society : 
that is to say. Beginning at the Colony line where Putchauge 
River runs out of Pauconnnock Pond, from thence westerly 
bounding northerly by said river until it comes to a bridge 
over said river near the dwelling-house of Obadiah Roads in 



1764.] OF CONNECTICUT. 287 

said Voluntown, and from thence a west line until it intersect 
with Preston town line, then southerly with said town line 
until it comes to the north line of Peter Parlce's land, then 
westerly includin<ii; the lands of Peter Parks, Thadeus Cook 
and Joseph Bordman,to said Pauchange River, then crossing- 
said river and extending vvcsrerly including the lands of John 
Gill and Ebenezer Benjamin to the dividing line between the 
first and second societies in said Preston, then southeasterly 
with said dividing line to Stonington north line, then south- 
erly including the land of Jolni Prentice and Amos Brown, 
and from thence a due east line to Mummousuck Pond in said 
Stonington, then northerly a straight line to the southwest 
corner of the town of Voluntown, then easterly with Volun- 
town south line until it comes to the Colony line, then nortli- 
erly with said Colony line to the bounds first mentioned ; and 
praying that the inhabitants and lands witliin the lines and 
limits aforesaid included may l)e made a distinct ecclesiasti- 
cal society etc., as per memorial on file &c. : Resolved by 
this Assembly, that Zebulon West of Toland, Joseph Spencer 
of East Haddam, and Joshua West of Lebanon, Esq'^% be and 
they are hereby appointed a committee to repair to the town 
and the societies aforesaid, view the circumstances and situa- 
tion of said inhabitants, with the matters referred to in said 
memorial, and report with their opinion thereon to this As- 
'sembly at their sessions in October next. 

Upon the memorial of the inhabitants of the first society in 
Haddam, representing that the county court in the county of 
Hartford in April, 1762, appointed Jonathan Hale, William 
Welles and William Pitkin junr, Esq''% a committee to fix a 
place for the building a meeting-house for divine worship in 
said society, who accordingly did execute said trust, and 
[96] affixed a || place for the purpose aforesaid near the old 
meeting-house in said society, which was approved and estal> 
lished by said county court in November, 17ti2; that said place, 
nevertheless, is found to be inconvenient, and that the me- 
morialists cannot agree to build at said place ; praying to have 
said doings set aside &c. : Resolved by this Assembly, that 
the doings of said committee in affixing of said place, and of 
the said county court in establishing the same, be and the 
same is hereljy set aside and made void, and that Capt. Elisha 
Williams and Capt. Thomas Curtice, of Weathersfield, and 
Mr. Isaac Lee jun'', of Farmington, be and they are hei'eby 
appointed a committee to repair to said society and view the 
circumstances thereof, and to hear all parties concerned, and 
to affix and ascertain a place for building a meeting-house for 



288 PUBLIC RECORDS [May, 

divine worship in said society, as they shall judge most equal 
and convenient for the whole, and make their report to this 
Assembly at their sessions in October next ; all at the cost of 
the memorialists. 

Upon the memorial of John Spencer of Killingsworth, shew- 
ing to this Assembly that some years past he purchased a 
dwelling-house in Killingsworth and was at large expence in 
repairiirg the same, and agreed with Abel Buel of Killings- 
worth for the exchange of the same for other lands ; that be- 
fore the deed from said Buel to said memorialist was complea- 
ted said Buel was apprehended for counteifeiting bills of 
credit of this Colony, for whicli he has since been convicted ; 
that on account of the disability of said Buel at the time of 
.executing his said deed he, said memorialist, is liable to be a 
great sufferer ; praying for relief &c., as per memorial on file : 
Eesolved by this Assembly, that Messrs. Nathaniel Hill of 
Guilford, Benjamin Gale of Killingsworth, and John Murdock 
of Saybrook be and they are hereby appointed a committee, to 
repair to said Killingsworth, enquire and examine into the 
matters referred to in said memorial, and report with their 
.opinion thereon to this Assembly at their sessions in October 
next. 

Upon the memorial of Abel Buel of Killingsworth, shewing 
to this Assembly that he was convicted of altering some of the 
bills of credit of this Colony, in consequence of which convic- 
tion is now confined in the gaol in New London in close prison 
where he has no means of support, is out of health, in danger 
of perishing &c. ; praying for relief, as per memorial on file : 
Eesolved by this Assembly, that the sheriff of the coun- 
ty of New London be and he is hereby directed, upon 
tiie said Buel's procuring sufficient bail to become bound in a 
penal bond of one hundred pounds money, conditioned that 
the said Buel shall be of good behaviour and not depart out 
of the limits of the town of Killingsworth without the special 
licence of this Assembly, to Release the said Abel Buel from 
his imprisonment aforesaid. 

On tlie memorial of David Cook, of Wallingford in New 
Haven county, shewing to this Assembly that he kept a house 
of public entertainment in said Wallingford the last year to 
good acceptance of all travellers thrO said town, and thatthrO 
some misunderstanding the officers at their meeting in Janu- 
ary last for nominating tavern-keepers neglected to nominate 
him, contrary to the mind of tlie greatest part of the civil 
authority present, and thereupon praying for licence &c., as 
per memorial on file : Resolved by this Assembly, that the 



1764.] OF CONNECTICUT. 289 

said David Cook have licence, and licence is hereby granted to 
him, to be a tavern-keeper and retailer of strong liquors until 
the first Tuesday of April next : provided that he, the said 
David, give bond to tlio county court in the county of New 
Ha\en to observe all the laws that are or shall be made re- 
specting tavern-keepers. 

Upon the memorial of Thomas Jndd, representing to this 
Assembly that he is settled on a wedge of land not witiiin the 
bounds of any township in this Colony, but is supposed to be 
within the jurisdiction right of the town of Symsbury ; that 
by reason of his advanced age, want of estate &g., is unable 
to support himself, is in danger of perisliing &c. ; praying for 
relief &c., as per memorial on file : Resolved by this Assem- 
bly, that the town of Symslauy be and they are hereby order- 
ed and directed forthwith to advance necessary relief for the 
said Thomas Judd and family, and continue such support ac- 
cordingly until it be found by a legal tryal that some other 
town in this Colony are chargeable for their support. Always 
provided, that nothing in this resolve sliall be understood to 
obstruct or prevent the town of Symsbury from recovering of 
any other town in this Colony who are or may be chargeable, 
by law for the support of the said Thomas Judd &c. whatever 
the town of Symsbury shall be obliged to advance for the sup- 
port of the said Thomas Judd. 

[97] Upon the memorial of John Benton of Hartford and 
Elizabeth his wife, executors of the last will and testament of 
Josiah Bigelow late of said Hartford, deceased, shewing to this 
Assembly that the debts and charges due from the estate of 
said Josiah Bigelow, deceased, surmount the moveable estate 
of said deceased, over and above the former accounts exhibit- 
ed and allowed, the sum of <£36 14 lawful money ; praying 
for liberty to make sale of so much of the real estate of said 
deceased as will raise said sum and the incident charges of 
sale : Resolved by this Assembly, that the said John Benton 
and Elizabeth his wife have liberty and they are hereby im- 
powered, to make sale of so much of the real estate of the said 
Josiah Bigelow, deceased, as will procure the sum of £36 14 
0, L. money, together with the incident chaiges of sale ; taking 
the direction of the court of probate of Hartford district there- 
in. 

Upon the memorial of Moses Fish and others, inhabitants 
of the town of Voluntown, shewing to this Assembly that the 
said town of Voluntown is nigh seventeen miles in length, 
that there is but one ecclesiastical society in said town, that 
near as many of the inhabitants of said town are settled at and, 
37 



290 PUBLIC RECORDS [May, 

near the extreme parts of said town as any other part thereof, 
that it is extream difficult and inconvenient for said inhabi- 
tants to attend the pubhc worship at any one particular place, 
and praying to be made two distinct ecclesiastical societies 
&c., as per memorial on file &c. : Resolved by this Assembly, 
that Capt. Zebulon West of Tolland, Colo. Joseph Spencer of 
East Haddam, and Mr. Joshua West of Lebanon, Esq'^^ be and 
they are hereby appointed a committee to repair to said Volun- 
town, view the circumstances and situation of said inhabitants 
with the matters referred to in said memorial, and report with 
their opinion thereon to this Assembly at their sessions in Oc- 
ber next. 

Upon the memorial of Joanna Kent, of Suffield in the coun- 
ty of [Hartford,] widow of Moses Kent formerly of said Suf- 
field, deceased, and administratrix on the estate of said Moses, 
shewing to this Assembly that the said Moses at the time of 
his death, which happened on or about the 10th day of March, 
1743, was possessed of a considerable estate in lands, which 
descended to his only child and heir, Elias Kent of said Suf- 
field, then of the age of four months ; that the personal estate 
of the said Moses was but a little more than sufficient to pay 
his debts ; that the said Elias hath been from his birth an id- 
iot, wholly unable to take care of himself or to do any labour ; 
that the said Joanna Kent, who was guardian to said idiot, 
hath wholly maintained and supported him for more than 
twenty-one years, and that in doing the same she hath expend- 
ed at least .£175 0, lawful money, more than she hath re- 
ceived out of the said Elias's estate, or the incomes thereof ; 
that the said Joanna upon representation made of the improb- 
ability of the said idiot's ever having the exercise of reason to 
the county court in the county of Hartford in June, 1763, was 
by said court appointed conservator of the person and estate 
of the said Elias, and the said Joanna did thereupon exhibit 
her account for supporting &c. said Elias to the said court at 
their sessions in Hartford aforesaid in April last for their al- 
lowance and acceptance, and that said court being in doubt 
whether the law enabled them to allow any part of said ac- 
count that was antecedent to the said Joanna's being appoint- 
ed conservator as aforesaid, and that the said court did not 
allow said account or any part tliereof, and praying for the 
interposition of this Assembly, that a committee may be ap- 
pointed to enquire into the said account &c. : Resolved by 
this Assembly, that Capt. Josiah Bissell, and Mr. Alexander 
Wolcott, of Windsor, be a committee, and they are hereby ap- 
pointed a committee, to examine and inquire into the accounts 



1764.] OF CONNECTICUT. 291 

and other matters referred to in the aforesaid memorial, and 
of wliat they find, with their opinion thereon, make report to 
the General Assembly to be holden at New Haven on the 
second Thursday of October next. 

The Additions to the Lists of the respective Towns in this Colony for the 
Year 1 763, sent in to this Assembly are as followeth. 

Single Additions. Fourfold do. 

837 



90 

316 00 

49 5 

113 4 



Ashford, 


£ 340 


5 





Fairfield, 


305 


6 


5 


East Haddam, 


71 








Endfield, 


370 


14 





Woodstock, 


863 


10 





Lebanon, 


826 


9 





New Town, 


646 


1 


1 


D anbury, 


343 


15 


11 


Sharon, 


653 


1 


8 


Sommers, 


102 


14 





Cornwall, 


80 


16 





Symsbury, 


889 








Killingiy, 


1344 








Colchester, 


2293 


17 





Waterbury, 


891 


10 


3 


New Milford, 


578 


8 


4 


Wellington, 


39 


3 





Coventry, 


1540 


14 10 


Kent, 


203 


11 





Windham, 


762 


14 





Canterbury, 


796 


5 





Stonington, 


1544 


8 





Voluntown, 


292 








Killingsworth, 


244 


15 





Windsor, 


421 


7 





Mansfield, 


222 


2 





Canaan, 


982 


5 





Norwich, 


937 


11 


[98] Haddam, 


473 


11 





Pomfret, 


432 








Salisbury, 


1087 


13 


6 


Goshen, 


207 


9 





Stratford, 


1349 








Litchfield, 


151 


3 





Say brook, 


428 


2 


2 


Stamford, 


222 


13 


3 


Norwalk, 


736 


7 


3 


New Haven, 


1489 


4 


6 


Greenwich, 


2294 


6 


2 



530 8 
18 

197 7 



120 12 
448 14 
614 16 
195 12 








1969 7 





309 3 

1268 

32 17 

168 



6 
6 




143 17 
509 17 



292 PUBLIC RECORDS [May, 



Guilford, 






New London, 


889 11 





Hebron, 


1261 11 





Farmington, 


643 11 





Midletown, 






Bolton, 


266 9 





Suffield, 


318 11 





Darby, 


1401 5 


7 


Woodbury, 


815 10 


3 


Lyme, 


1092 17 





Harwinton, 


26 





Weathersfiold, 


1324 12 


9 


Durham, 


204 6 


4 


Stafford, 


222 5 





Wallingford, 


1369 19 


6 


Brandford, 


194 17 


6 


Groton, 


631 4 





Milford, 


204 19 





Toland, 


87 16 





Preston, 


172 16 






261 


11 


9 


772 


12 





313 


8 





464 


16 





209 


4 





20 








91 


4 





276 


16 






74 7 

681 4 
506 15 



75 12 

On the petition of James Richardson of Stonington, against 
Benjamin Bancroft of Suffield, as on file : The question was 
put, whether the prayer of said petition should be granted : 
Resolved by the Assembly in the negative. 

On the petition of Elijah Woodruff and Ann his wife, of 
Farmington in the county of Hartford, against Nicholas Ayrault, 
of Weathersfield in said county : The question was put, 
whether the prayer of said petition should be granted : Re- 
solved by this Assembly in the negative. Cost allowed re- 
spondent <£4 6 10, L. M. Ex. granted June 16i7i, 1764. 

On the petition of David Barber, of Windsor in the county 
of Hartford, against John Palmer of said Windsor, as on file : 
The question was put, whether there was error in the judg- 
ment of the superior court referred to in said petition, as there- 
in is alledged and complained of : Resolved by this Assem- 
bly in the negative. Cost allowed respondent £1 1 8, L. mon- 
ey. Ex. granted June Sth, 1764. 

On the petition of Stephen Griswold, of Bolton in the coun- 
ty of Hartford, against Ruth Forbs of Ha,rtford in said county, 
as on file : The question was put, whether there was error in 
the judgment of the county court and superior court referred 
to in this petition, as therein alledged and complained of : 
Resolved by this Assembly in the negative. 

On the petition of John Downe, of Milford in the county of 
New Haven, against Joseph Woodruff, Esq', Joseph Wood- 



1764.] OP CONNECTICUT. 293 

ruff jun'', Jeliiel Bryan, Daniel Treat, Joseph Piatt 3d and 
Humphry Colbrett, all of said Milford, as on file : The ques- 
tion was put, whether the pleas offered in abatement of said 
petition are sufficient to abate the same : Resolved by this 
Assembly in the affirmative. Cost allow'' d respondent £1 7 4. 
Ex. granted Nov. 1st, 1764. 

On the petition of John Kimberly, of Glastonbury in the 
county of Hartford, against Timothy Hale jun"" and Mathew 
Miller, both of said Glastonbury, as on file : The question 
was, whether the pleas offered by the respondents are suffi- 
cient to abate the same : Resolved by this Assembly in the 
affirmative. 

On the petition of Susannah Emmons, late of Litchfield in 
the county of Litchfield now of Glastonbury in the county of 
Hartford, against Arther Emmons, Eli Emmons, Lydia Em- 
mons and Tabitha Emmons, all of said Litchfield, as on file : 
The question was put, whether the prayer of this petition should 
be granted : Resolved in the negative. 

On the petition of Samuel Atwell jun"^, of New London in 
the county of New London, against Jedediah Chappel of said 
New London, as on file : The question was put, whether tlie 
prayer of this petition should be granted : Resolved by this 
Assembly in the negative. 

Upon the memorial of Abner Bebee, administrator on the 
estate of Thomas Fox late of East Hadam, deceased, repre- 
senting to this Assembly that the debts and charges due from 
the estate of said deceased surmount the personal estate of 
said deceased the sum of X16 lis. 9^c?. lawful money, and 
praying for liberty to sell so much of the real estate of said 
deceased as shall be sufficient to raise said sum with the inci- 
dent charges arising thereon : Resolved by this Assembly, 
that the said Abner Bebee have liberty to sell ^ much of the 
real estate of said deceased as shall be sufficient to raise said 
sum with the incident charges arising thereon ; taking the di- 
rection of the court of probate in the district of East Haddam 
therein. 



294 PUBLIC RECORDS [October, 



[100] Anno Regni Regis Georgii tertii quarto. 

At a General Assembly of the Governor and Company op 
HIS Majesty's English Colony op Connecticut in New 
England in America holden at New Haven in said 
Colony on the second Thursday op October, (being 
the [eleventh] day op said month,) and continued by 
several adjournments until the day of No- 

vember next following, annoque Domini 1764. 

Present : 
The Honourable Thomas Fitch, Esquire, Governor. 
The Honourable William Pitkin, Esq'', Dejyutg Grovernor. 

Ebenezer Silliman, Esq"", Mathew Griswold, Esq' 

Hezekiah Huntington, Esq'',Shubael Conant, Esq"" 

John Chester, Esq"", Elisha Sheldon, Esq"", 1 Assist- 

Beujamin Hall, Esq"", Eliphalet Dyer, Esq"", [ ants. 

Daniel Edwards, Esq'', Jabe? Huntington, Esqf 

Jabez Hamlin, Esq"", 

Representatives or Deputies wJio attended this Assembly are as 

follow., viz : 

Colo. Samuel Talcott, Colo. William Pitkin, for Hartford. 

Mr. Roger Sherman, Mr. Samuel Bishop, for New Haven. 

Capt. Pygan Adams, Mr. William Hilhouse, for New London. 

Mr. David Rowland, Capt. David Burr, for Fairfield. 

Mr. Nathaniel Wales, Mr. Hez^ Manning, for Windham. 

Capt. Oliver Wolcott, Colo. Ebenezer Marsh, for Litchfield. 

Mr. Daniel Lothrop, Mr. Ebenezer Backus, for Norwich. 

Colo. Jonathan Hoit, Mr. Abraham Davenport, for Stamford. 

Mr. Jonas Prentiss, Mr. Paul Wheeler, for Stonington. 

Capt. Abijah Catlin, for Harwinton. 

Mr. Josiah Rogers, Mr. John Wilford, for Branford. 

Capt. Isaac Pinney, Mr. Daniel Alden junf, for Stafford. 

Mr. Bushnel Bostwick, Mr. Nathaniel Gaylord, for New Mil- 
ford. 

Capt. John Fowler, Maj"" David Baldwin, for Milford. 

Mr. Solomon Whitman, Mr. Jonathan Root, for Farmington, 

Capt. Samuel Kent, Mr. William King, for Suffield. 

Mr. Thomas Russel, Mr. Joshua Pierce, for Cornwall. 

Mr. Joseph Sexton, Mr. Seth D wight, for Sommers. 

Mr. Phineas Strong, Mr. Ephraim Root, for Coventry. 

Colo. David Whitney, Mr. James Bebee, for Canaan. 

[101] Capt. Samuel Gilbert, for Hebron. 

Sir. Daniel Foot, Capt. Dudley Wright, for Colchester. 

Capt. Benjamin Sumner, Capt. Benjamin Clark, for Ashford. 

Mr. John Lay, Mr. Samuel Selden, for Lyme. 



1764.] OP CONNECTICUT. 295 

Capt. James Bradford, Capt. Isaac Coit, for Plainfield. 

Capt. Moses Lyman, Capt. Samuel Nash, for Goshen. 

Mr. Jolin Crane, Capt. Theophihis Morgan, for Killingworth. 

Capt. Elisha Williams, Capt. Thomas Belding, for Weathers- 
field. 

Capt. Jabez Fitch, for Canterbury. 

Mr. Thomas Fitch jun'', Mr. Peter Lockwood, for Norwalk. 

Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. 

Capt. Nehemiah Lyon, for Woodstock. 

Capt. John Case, for Symsbury. 

Mr. Samuel Olmstead, Mr. John Benedict, for Ridgefield. 

Capt. John Williams, Mr. David Forster, for Sharon. 

Mr. Seth Wetmore, Mr. Richard Alsop, for Midletown. 

Maj. Elihu Hall, Mr. Titus Brocket, for Wallingford. 

Mr. Charles French, Mr. Joseph Hull, for Derby. 

Mr. John Gordon, Mr. Robert Jameson, for Voluntown. 

Mr. Benjamin Chaplin, Mr. William Hall, for Mansfield. 

Mr. William Wells, Mr. John Kimberly, for Glastonbury. 

Colo. Timothy Stone, Mr. Nathaniel Hill, for Guilford. 

Mr. Joseph Wells, for Haddam. 

Capt. Isaac Kellogg, Capt. Mathew Gillet, for New Hartford. 

Capt. Zebulon W^est, Mr. I]lijah Chapman, for Tolland. 

Mr. Jo!<eph Hopkins, Mr. Epliraim Warner, for Waterbury. 

Mr. John W^eston, Capt. Timothy Pearl, for Wellington. 

Mr. David Sherman, Capt. Increase Moseley, for Woodbury. 

Capt. Eleazer Huljbel, Capt. Elnathan Hall, for New Fairfield. 

Capt. Hezh Whittelsey, Capt. John Murdock, for Saybrook. 

Capt. Henry Glover, Mr. Daniel Booth, for Newtown. 

Capt. Ebenez"" Avery, Capt. William Williams, for Groton. 

Mr. Jonathan Coe, for Torrington. 

3Ir. Edward Collins, Mr. Nath^ Terry, for Enfield. 

Capt. Jabez Sherwood, Capt. Thomas Hobby, for Greenwich. 

Mr. Robert Creary, Mr. Daniel Morgan, for Preston. 

Capt. Benjamin Talcott, Mr. David Strong, for Bolton. 

Colo. Elihu Cbauncey, Capt. James Wadsworth, for Durham. 

Capt. Joshua West, Mr. William Williams, for Lebanon. 

Mr. Simon Learned, Mr. Silas Hutchins, for Killingly. 

Colo. Ebenezer Williams, Mr. Jonathan Dresser, for Pomfret. 

Mr. Joseph Curtiss, Capt. Ichabod Lewiss, for Stratford. 

Mr, William Wolcott, Capt. Josiah Bissel, for Windsor. 

Mr. Cyrus Marsh, Mr. Ephraim Hul)bel, for Kent. 

Mr. Samuel Dickinson, Capt. John Benedict, for Danbury. 

Colo. Joseph Spencer, for East Haddam. 

Mr. Abraham Davenport, Speaker, ) of the House of 
Colo. William Pitkin, Clerk, \ Representatives. 



296 PUBLIC RECORDS [October, 

[102] An Act for restraining Tryals in Cases of Adultery to the Superior 

Court only. 

Whereas through a different construction of the law dis- 
putes have arisen, whether the superior or the county court 
hath jurisdiction in cases of adultery, and each of said courts 
have taken cognizance and held plea of the same : Which 
doubts and disputes for the future to remove and prevent, 

Be it enacted by the Governor^ Council and Representatives^ 
in General Court assembled, and by the authority of the same, 
That the superior court only shall have cognizance of all pleas 
that relate to the crime of adultery, and shall hear and deter- 
mine the same, by a jury or otherwise, according to law ; any 
law, usage or custom to the contrary notwithstanding. 

An Act to oblige the Town Clerks in the several Towns in this Colony 
that have not yet certified to the Treasurer of this Colony the Names 
of the Collectors of Excise that have been chosen in the respect- 
ive Towns according to the Tenour of an Act of this Assembly 
passed in October last requiring the Same speedily to certi- 
fie said Treasurer of the Matters expressed in said Act 
to be certified. 
Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That it be the duty of each and every town-clerk of the re- 
spective towns in this Colony that hath not as yet certified 
the said Treasurer according to what is expressed as his duty 
in said act, forthwith to certifie the Treasurer of this Colony 
the names of the persons duly appointed collectors of excise 
for their towns in each and every year since November, 1755, 
and the year for which each collector was chosen, and also 
the deficiencies of such towns in not duly appointed collectors 
from time to time, as the statute of this Colony in that case 
directs. And that every such town-clerk that shall not on or 
before the 14th day of May next certifie to the said Treasuier, 
as in this act is directed, shall forfeit and pay a fine of ten 
pounds money to the Treasurer of this Colony for such his 
neglect, to be recovered by bill, plaint or information, in any 
court proper to try the same. 

An Act in Alteration of one Law of this Colony entituled An Act con- 
cerning Arrests and Imprisonment for Debt, Damage, Fines &c. 

Whereas in said act provision is made for disposing of poor 
debtors in service for the payment of debts, but the power 
and authority of assigning of such debtors is limited to that 
court only before whom the judgment against such debtor is 
obtained, which in some cases is found to be inconvenient : 
And whereas in the jjractice upon the said statute it is found 
that persons sometimes by undue measures obtain an assign- 
ment of others for a feigned debt, and sometimes when the 
person so assigned hath estate sufficient to satisfie the debt 
for which he is so assigned, to the injury and damage of other 
just and honest creditors : Which mischief to prevent, 



176i.] OP CONNECTICUT. 297 

Be it enacted by the Governor^ Council and Representatives, 
in Greneral Court assembled, and by the authority of the same, 
That no court within this Colony shall in any civil case 
assign or dispose of any person in service nntil snch court is 
satisfied, either by the oath of the parties or otherwise, that 
snch debtor hath not estate sufficient to pay the debt for 
which he is holden, (except such necessaries as by law are 
exempted from execution,) nor until such debtor or creditor, 
one or both of them, shall have made oath before the court, 
where motion is made for such assignment in service, that 
the debt for which he is holden is real and bona fide on good 
consideration ; which being done, the superior court or any of 
the county courts, within this Colony only, are hereby im- 
powercd to assign and dispose of such poor debtor in service, 
as in said act is provided, whether judgment for which such 
debtor is holden shall have been obtained before the same 
court or before any other court within this Colony ; anything 
in said act to the contrary notwithstanding. 

An Act to prevent the Obstructing the Course of the Fish up the River 

Paucatuck. 

Whereas it is represented to this Assembly that sundry 
persons by dams, wears, and constant dra^ving of seines in 
the said river, in the spring of the year, greatly interrupt 
[103] II and [hinder] the passage and taking the fish up 
said river, which obstructions are very injurious to the public: 
For the remedy whereof. 

Be it enacted by the G-overnor, Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That no person or persons whatsoever shall keep up any dam 
or dams on said river, (within the limits of this Colony,) 
without leaving an open free passage of the fish through 
each dam, at least fifteen feet wide, from the bottom, and 
keep the same open during the months of March, April and 
May, in each year; nor shall any person or persons during 
said months of March, April or May, in each yeai% erect or 
keep up any wear or wears on said river, or draw any seine 
or seines therein, within this Colony, for the taking of fish, 
but only on four days in each week during said three months 
in each year: that is to say, liberty is allowed to draw seines 
therein for the purpose aforesaid on Monday, Tuesday, Wed- 
nesday and Thursday in each week, but on no other days, 
during said three months in each year; on pain that every 
person or persons so offending shall forfeit and pay the sum 
of five pounds for every such offence, for the use of any per- 
son wlio sliall sue for and recover the same ; any law, usage 
or custom to the contrary notwithstanding. 
38 



298 PUBLIC RECORDS [October, 

And he it enacted hy the authority aforesaid^ That the 
inhabitants of the town of Stonington have hberty, and 
tliey have hereby liberty, to choose three freeholders at their 
annual town meetings, who sliall have liberty to inspect the 
dams and wears that are or shall be made across said river, 
and shall have power to pull up said dams or wears fifteen 
feet wide during said three months. 

An Act in Addition to an Act entituled An Act for forming', ordering 
and reg-ulatiner Societies or Paiishes. 

Whereas in and by said act there is no provision made for 
the choosing or appointing Society Treasurers ; and whereas 
persons in many societies have presumed to intermeddle, act 
and vote, in society meetings, who are not qualified by law to 
vote in such meetings, to the disturbance thereof and the 
proceedings therein : Which inconveniences to prevent. 

Be it enacted hy the Governor, Council and Represe7itatives , 
in General Court assevnhled, and hy the authority of the same, 
That the several societies in this Colony for the future in 
their annual society meetings for the electing and choosing 
society officers, are hereby authorized and impowered to 
choose a society treasurer, who shall be under the same regu- 
lation and have the same power and authority in said societies 
as town treasurers have in their respective towns. 

And it is further enacted hy the authority aforesaid, That 
if any person, who is not duly qualified according to said act 
to vote in society meetings, shall adventure to act, deal, or 
intermeddle, or presume to vote in any society meeting, for 
the choice of officers, granting of rates, or any other affairs 
whatsoever, such offender shall forfeit the sum of fifteen 
shillings for every such offence, to be levied by distress and 
sale of the offender's goods, one half thereof to the com- 
plainer who shall prosecute to effect, the other half to the 
treasurer of such society wherein said offence is committed. 

The Gentlemen nominated by the Freemen of this Colony to stand in 
Nomination for the Election in May, A.D. 1 765. 

The Honourable Thomas Fitch, Esq^ 

The Honbie William Pitkin, Esqf. 
Ebenezer Silliman, Esq^ Elisha Sheldon, Esq"". 

Jonathan Trumble, Esq^. Eliphalet Dyer, Esq^ 

Hezekiah Huntington, Esq^ Jabez Huntington, Esqf. 
John Chester, Esq^. Phineas Lyman, Esq^. 

Benjamin Hall, Esq"". Colo. William Pitkin, jun^. 

Daniel Edwards, Esq^. Mr. Roger Sherman. 

Jabez Hamlin, Esq^. Colo. Robert Walker. 

Mathew Griswold, Esqf. Mr. David Rowland. 

Shubael Conant, Esq^ Mr. Abraham Davenport. 

The assistant's oath prescribed by law was administered by 



1764.] OF CONNECTICUT. 299 

his Honour the Governor to Eliphalet Dyer, Esq"", who was 
chosen an Assistant at the election in May last.* 

[104] Whereas this Assembly at their sessions at Hartford 
in May last, being informed that a bill had been preferred to 
the Parliament of Great Britain proposing certain Stamp 
Duties to be laid on this Colony together with the other Prov- 
inces in North America, (which it's humbly conceived, if the 
same should take effect, would be a great grievance to and 
much dishearten the people of this Colony,) this Assembly 
thereupon ap[)ointed a committee to take said matter into 
consideration, and preparatory to an address of this Colony 
to the Parliament of Great Britain, to collect and assign 
some general as also some more special reasons and objec- 
tions of this Colony against said bill being passed into an 
act: said committee having taken said matter into their con- 
sideration, prepared and set forth said reasons and ol)jections, 
which have since been exlnbited and printed in a certain book 
or pamphlet, entituled Reasons why the British Colonies in 
America should not be charged with internal Taxes &c., and 
the same have reported to this Assembly, and which this 
Assembly do hereby, among many otliers that may be made 
use of, approve, and hereby order the same to be transmitted 
to the Colony's Agent in Great Britain, by him to be made 
use of to the purpose aforesaid. And his Honour the Gov- 
ernor is also desired to prepare an humble and earnest 
Address to the Parliament of Great Britain, in behalf and 
in the name of the Governor and Company of this Colony, 
against said bill for a stamp duty, or any other bill for an 
internal tax on this Colony passing into an act ; and that the 
same with said Book of Reasons and Objections be, as soon 
as may be, transmitted to the Agent of this Colony, in order 
that the same may be humbly presented before said Parlia- 
ment, and be enforced with all proper zeal in behalf of this 
Colony. 

Whereas Jared Ingersol of New Haven, Esq"", is now im- 
barked and on his voyage to London, and this Assembly being 
convinced of his skill, ability, and good disposition to serve 
the interest of this Colony, do desire his Honour the Gover- 

* He had recently returned from England where he had been as agent for 
the Susquehanna Company. At the Slay session, 1763, he announced his 
purpose of making the voyage, requesting the Assembly to recommend 
him to Mr. .Tacksou, the Colony Agent, which the Lower House desired 
the Governor to do. W((r. X, 406. He sailed from Portsmouth, Aug. 
18, 1763. The Cournnt Oct. 2!)th, 1704, announces his appointment as 
Comptroller of the Port of New London from tlie Commissioners of his 
Majesty's Customs in England and the Plantations. 



300 PUBLIC RECORDS [October, 

ernor to write to him as soon as may be, and desire his good 
advice and assistance to Richard Jackson, Esq"", the Agent 
for this Colony, on any matters that may concern this Colony. 
And his Honour the Governor is desired to let Mr. Ingersol 
know, that his services therein will be gratefully accepted and 
rewarded by this Assembly. And also in some proper man- 
ner inform the Agent thereof.* 

This Assembly do establish Mr. James Bird to be Captain 
of the second company or trainband in the town of Salisbury. 

This Assembly do establish Mr. Ebenezer Stephens to be 
Lieutenant of the second company or trainband in the town 
of Salisbury. 

This Assembly do establish Mr. Joshua Porter to be En- 
sign of the second company or trainband in the town of 
Salisbury. 

This Assembly do establish Mr. Elisha Sheldon to be En- 
sign of the first company or trainband in the town of 
Salisbury. 

This Assembly do establish Mr. Stephen Smith to be Cap- 
tain of the second company or trainband in the town of 
Lyme. 

This Assembly do establish Mr. Elijah Smith to be Lieu- 
tenant of the second company or trainband in the town of 
Lyme. 

This Assembly do establish Mr. Nichodemus Miller to be 
Ensign of the second company or trainband in the town of 
Lyme. 

This Assembly do establish Mr.John Meiggs to be Lieutenant 
of the fourth company or trainband in the town of Woodbury. 

This Assembly do establish Mr. Andrew Martin to be En- 
sign of the fourth company or trainband in the town of 
Woodbury. 

This Assembly do establish Mr. Abner Mallery to be Cap- 
tain of the first company or trainband in the town of Wood- 
bury. 

This Assembly do establish Mr. Solomon Martin to be 

* Last Saturday sailed from hence the Prince Henry mast ship, Capt. 
Eobinson, for London. Jared Ingersoll and Joseph Harrison of New 
Haven, Esq", Capt. Samuel Willis of Middletown, Mr. Samuel Wyllys 
of Hartford, [afterwards Secretarjr, 179G-1810,] and some other gentle- 
men, went passengers in her. Neto London Gazette for Friday, Oct. 26, 
1764. Mr. Ingersoll went to England at this time on his own account, 
relative to a contract he had made with the Commissioners of the Navy to 
get a load of masts on Connecticut river for the King's use. He returned 
home the next July with the appointment of Stan^p Distributor for 
Connecticut. 



J 



1764.] OF CONNECTICUT. 301 

Lieutenant of the first company or trainband in the town of 
Woodbury. 

This Assembly do establish Mr. John Stoddard to be En- 
sign of the first company or trainband in the town of Wood- 
bury. 

This Assembly do establish Mr. Jacob Atwater to be Lieu- 
tenant of the 15th company or trainband in the 2d regiment 
in this Colony. 

[105J This Assembly do establish and confirm Mr. Samuel 
Atwater to be Ensign of the 15th company or trainband in 
the 2d regiment in this Colony. 

This Assembly do establish Mr. Timothy Sw^an to be Cap- 
tain of the troop of horse in the 8th regiment in this Col- 
ony. 

This Assembly do establish Mr. Samuel Walsworth to be 
Jjieutenant of the troop of horse in the 8th regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Page to be Cornet 
of the troop of horse in the 8th regiment in this Colony. 

This Assembly do establish Mr. Oliver Grant to l)e Quarter- 
Master of the troop of horse in the 8th regiment in this Col- 
ony. 

This Assembly do establish Mr. Thomas Rogers to be Cap- 
tain of the 7th company or trainband in the 3d regiment in 
this Colony. 

This Assembly do establish Mr. James Houghton to be 
Lieutenant of the seventh company or trainband in the 3d 
regiment in this Colony. 

This Assembly do establish Mr. Joseph Holland to be En- 
sign of the 7th company or trainband in the 3d regiment in 
this Colony. 

This Assembly do establish Mr. Jonathan Warner to be 
Captain of the 9th company or trainban^ in the 3d regiment 
in this Colony. 

This Assembly do establish Mr. John Robbins to be Lieu- 
tenant of the 9th company or trainband in the 3d regiment 
in this Colony. 

This Assembly do establish Mr. Josiah Griswold to be 
Ensign of the 9th company or trainband in the 3d regiment 
in this Colony. 

This Assembly do establish Mr. Selah Hart to be Captain of 
the 7th company or trainband in the 6th regiment in this 
Colony. 

This Assembly do establish Mr, Charles Brownson to be Lieu- 
tenant of the 7th company or trainband in the 6th regiment 
in this Colony. 



302 PUBLIC RECORDS [October, 

This Assembly do establish Mr. Ephraim Hollister to be 
Ensign of the 7th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Jonas Frost to be Cap- 
tain of the 5th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish ISlr. Joseph Cleaveland to be 
Lieutenant of the 5tli company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Joseph Abbot to be Ensign 
of the 5th company or trainband in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. John Burr to be Captain 
of the company or trainband in the society of Stratfield. 

This Assembly do establish Mr. Benjamin Fairweather to be 
Lieutenant of the company or trainband in the society of 
Stratfield, 

This Assembly do establish Mr. Abel Seeley to be Ensign 
of the company or trainband in the society of Stratfield. 

This Assembly do establish Mr. John Rundel to be Cap- 
tain of the 3d company or trainband in the 8th regiment 
in this Colony. 

This Assembly do establish Mr. John Breed to be Lieuten- 
ant of the 3d company or trainband in the 8th regiment in 
this Colony. 

This Assembly do establish Mr. Ichabod Brown to be En- 
sign of the 3d company or trainband in the 8th regiment in 
this Colony. 

This Assembly do establish Mr. Amos Weed to be Lieu- 
tenant of the 2d company or trainband in the town of Stam- 
ford. 

This Assembly do establish Mr. Isaac Quintard to be En- 
sign of the 2d company or trainband in the town of Stam- 
ford. 

This Assembly do establish Mr. Josiah Brinsmead to be 
Ensign of a company or trainband in the society of North 
Fairfield.* 

[106] This Assembly do establish Mr. Daniel Wheeler to 
be Lieutenant of a company or trainband in the society of 
Nortli Fairfield. 

This Assembly do establish Mr, John Lyon to be Ensign 
of a company or trainband in the society of North Fairfield. 

This Assembly do establish Mr. Noah Tucker to be Lieu- 
tenant of the 8th company or trainband in the 7th regiment 
in this Colony. 

* In the East company. 



1764.] OP CONNECTICUT. 303 

This Assembly do establish Mr. Uriah Haydoii to be En- 
sign of the 8th company or trainband in the Ttli regiment in 
this Colony. 

This Assembly do establish Mr. Stephen Upson to be Captain 
of the first company or trainband in the town of Waterbury. 

This Assembly do establish Jonathan Baldwin to be 
Lieutenant of the 1st company or trainband in the town of 
Waterbury. 

This Assembly do establish Mr. Andrew Bi-ounson to be En- 
sign of the 1st company or trainband in the town of Water- 
bury. 

This Asseml)ly do establish Mr. Jeremiah Day to be En- 
sign of the 3d company or trainband in the town of Sharon. 

This Assembly do estalilish Mr. Hezekiah Huntington to 
be Captain of the troop of horse in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Bingham jun"" to 
be Lieutenant of the troop of horse in the 5th regiment in 
this Colony. 

This Assembly do establish Mr. Joseph Burnham to be Cor- 
net of the troop of horse in the 5th regiment in this Colony. 

This Assembly do establish Mr. Messenger Palmer to be 
Captain of the eastermost company or trainband in the 
town of Greenwich. 

This Assembly do establish Mr. Joseph Lockwood to be En- 
sign of the eastermost company or trainband in the town 
of Greenwich. 

This Assembly do establish Mr. James Lockwood to be En- 
sign* of the eastermost company or trainband in the town of 
Greenwich. 

This Assembly do establish Mr. Asa Foot to be Captain of 
the 13th company or trainband in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Worthy Waters to be En- 
sign of the 13th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Richard Dushon to be 
Ensign of the 2d company or trainband in the town of New 
London. 

This Assembly do establish Mr. Jedidiah Brainerd to be 
Ensign of the 14th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. David Barber to be Captain 
of the 5th company or trainband in the 12th regiment in this 
Colony. 

* Lieutenant. Orig. file. 



304 PUBLIC RECORDS [October, 

This Assemlily do establish Mr. Obadiah Horsford to be 
Lieutenant of the 5th company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish and confirm Mr. Stephen Bar- 
ber to be Ensign of the 5th company or trainband in the 
12th regiment in this Colony. 

This Assembly do establish Mr. Asahel Hall to be Captain 
of the second company or trainband in the town of Walling- 
ford. 

This Assembly do establish Mr. Joseph Bartholomew to be 
Ensign of the 2d company or trainband in the town of Wall- 
ingford. 

This Assembly do establish Mr. Dan Towner to be Captain 
of a company or trainband in the town of New Fairfield. 

This Asseml)ly do establish Mr. William Gaylord Hubbelto 
be Lieutenant of a company or trainband in the town of New 
Fairfield. 

This Assembly do establish Mr. Benjamin Picket to be En- 
sign of a company or trainband in the town of New Fairfield. 

This Assembly do establish and confirm Mr. Daniel Catlin 
to be Captain of the west company or trainband in the town 
of Harwinton. 

This Assembly do establish Mr. John Watkins to be Lieu- 
tenant of the west company or trainband in the town of Har- 
winton. 

[107] This Assembly do establish Mr. Thomas Pitkin jun"" 
to be Captain of the first company or trainband in the town of 
Bolton. 

Tins Assembly do establish Mr. John Gilbert to be Lieuten- 
ant of the 1st company or trainband in the town of Bolton. 

This Assembly do establish Mr. Peter Olcott to be Ensign 
of the 1st company or trainband in the town of Bolton. 

This Assembly do establish Mr. Jethro Hatch to be Captain 
of the 1st company or trainband in the town of Kent. 

This Assembly do establish Mr. Benjamin Skiff to be Lieu- 
tenant of the first company or trainband in the town of Kent. 

This Assembly do establish Mr. Joseph Pratt jun"" to be En- 
sign of the 1st company or trainband in the town of Kent. 

Whereas upon the petition of Joshua Hempstead of Ston- 
ington, prefeiTed to this Assembly in May last, against Jere- 
miah Wheeler of the same Stonington, representing that he 
was holden to pay said Wheeler large sums of money by notes 
&c., and that great part of said sums was accumulated by in- 
terest and forbearance, and praying for relief, as i)er petition 
on file, Messrs. Pygan Adams, Jeremiah Miller and David 



1764.] OF CONNECTICUT. 305 

Gardner were appointed a committee to examine said matter; 
which committee have now reported that there is justly due to 
said Wheeler, the sum of twenty-five pounds eleven shillings 
and one penny and three farthings, lawful money, as per said 
report on file : Resolved by this Assembly, that the said re- 
port be and the same is hereby accepted and approved, and 
that the said Wheeler shall recover of said Hempstead the said 
sum of twenty-five pounds eleven shillings and one penny three 
farthings, lawful money, and that execution issue therefor, and 
that said judgments and executions, in said petition mention- 
ed and referred to, shall be no further proceeded upon. Cost 
alloived to petitioner <£4 16 10, lawful money. Ex. granted 
November 2d, 1764. 

Upon the petition of James Phelps, of Windsor in the coun- 
ty of Hartford, representing that some time in the month of 
December, 1762, one Daniel Alderman of Symsbury was in- 
debted to Samuel Talcott of Hartford, Esq"^, in the sum of two 
hundred and ten pounds York money, and Joseph Remington 
of Suffield, brother in law to the said Daniel, with him, said 
Daniel, requested the petitioner to become bound as a surety 
with him, said Daniel, to said Talcott for the whole of said 
sum, and to induce the petitioner thereto the said Remington 
(who did not care for some family reasons to appear immedi- 
ately concerned in the security to said Talcott) promised the 
petitioner that if he would become bound, as aforesaid, that 
then he would become jointly bound with said Alderman to the 
petitioner for one hundred and fifteen pounds York money, part 
of said £210 Os. 0(^., and that it was further agreed, as an in- 
demnity both to the petitioner and the said Remington, should 
be made over to them the said Alderman's farm of about forty 
acres in Symsbury aforesaid, with the buildings (fee. ; and as 
a further indemnity, that said Alderman should give to the 
petitioner and said Remington, jointly, a note of his hand for 
a large sum ; that the petitioner did thereupon consent, and 
became surety with said Alderman to said Talcott for said 
sum of £210 Os. Od. York money, and took a deed of the said 
farm to himself until said obligation for the £115 Os. 
Qd. should be given hy [to] the petitioner by said Rem- 
ington and Alderman; that said parties afterwards, viz: 
on the first day of January, 1763, being together, the said 
Remington and Alderman did then execute to the petitioner a 
note of their hands for said £115 Os. Ot?., and the said Alder- 
man also executed his note for a large sum for the further in- 
demnity of the petitioner and the said Remington, and that 
the petitioner stood ready to convey the equal half of said Al- 

39 



806 PUBLIC RECORDS [October, 

derman's farm as was ao:reed between the petitioner and said 
Eemington that he should have the one half thereof, but was 
prevented by discovering that said Alderman had before 
conveyed the said farm to one Joel Hays of said Symsbury ; 
that being afterwards informed by said Hays that the consid- 
eration of his deed was no more than twenty pounds ten shill- 
ings, and that upon the repayment of that sum he was willing 
to reconvey said farm, that the said petitioner and said Eem- 
ington thereupon agreed to pay said consideration money and 
to take a joint deed of said farm, and appointed a day to go 
together to said Hays for that purpose ; that said Eemington 
failed of attending to said agreement and appointment ; that 
the petitioner thereupon paid the whole of said sum to said 
Hays and took his release of said farm to himself, and on the 
same day, viz : on the 22d of October, 1763, he made and ex- 
ecuted to said Eemington his release to him of the one half of 
the said farm and premises, and duly acknowledged the same 
[108] and left it in the hands and care || of the register of said 
Symsbury, for the use of said Eemington ; that the said peti- 
tioner afterwards brought his action against the said Eem- 
ington on said X115 note, and then the said Eemington 
brought his action against the petitioner, alledging that 
the petitioner promised to make and execute unto him 
the said Eemington, a deed of warranty of the one half 
of said farm and premises in fifteen days after said first 
of January ; that said action was afterwards left to the arbitra- 
ment of Messrs. John Pitkin, Erastus Wolcott and John Owen, 
who, on hearing the same and being wholly governed by the 
evidence of said Alderman, awarded the petitioner in that 
cause to pay unto the said Eemington <£94 Os. 2d. lawful mon- 
ey, and cost was taxed at j£9 Is. 9c?. lawful money. Also 
representing that from the beginning of said transaction there 
was a mutual trust ; that' it always was their mutual under- 
standing that said Eemington should pay said X115 Os. ^d, 
towards the debt of said Alderman ; that by said award the 
petitioner was obliged to pay more than the whole worth of 
said farm ; that said Eemington having got into his hands said 
note by said Alderman given jointly to him and the petitioner 
kept the same, and that said Eemington by means of the afore- 
said transactions was entirely discharged from the security for 
said Alderman's debt, contrary to the understanding and mu- 
tual trust between the petitioner and said Eemington &c. ; 
praying for a committee &c. to examine the premises &c. : 
Eesolved by this Assembly, that Jabez Hamlin, William Welles 
and Elisha Williams, Esqf % be and they are hereby appointed a 



1764.] OP CONNECTICUT. 807 

committee to hear, examine and enquire into the whole trans- 
actions and matters referred to in said petition, by such ways 
and means as they shall think proper, first notifyinj^ the par- 
ties concerned, and make report of what they shall fii;id to be 
just, right and equitable to be done between the said parties, 
to this or the next sessions of this Assembly. 

Upon the petition of Jonatlran Marsh, of Norwich in the 
county of New London, representing that he brought his [ac- 
tion] against John Richards, Pygan Adams and Joseph Coit, 
Esq'^ all of New London in the county aforesaid, to the coun- 
ty court held at said New London on the 2d Tuesday of June, 
1762, for that whereas the defendants being appointed mana- 
gers of a certain lottery, granted by the General Assembly in 
May, 1759, upon the prayer of Mathew Stewart of said New 
London, for the sale of certain lands of said Mathew in New 
London aforesaid ; that the defendants undertook said trust 
and published a scheme &c. ; that the petitioner in the draw- 
ing said lottery drew and became the possessor and owner of 
a ticket which drew a certain land prize in said lottery, which 
according to said scheme was valued at eleven hundred pounds, 
lawful money ; that the defendants in consideration of the 
premises became liable, assumed and promised the petitioner 
that they would make over and transfer to him such land 
prize ; that the defendants had not performed their promise 
and assumption &c., to the petitioner's damage twelve hun- 
dred pounds, lawful money, &c. ; that said action by divers re- 
moves came to the superior court held at New London afore- 
said on the fourth Tuesday of September, 1762, when and 
where the defendants pleaded thereto in bar &c., that although 
they did undertake (fee, yet they before said action brought 
offered and tendered to the petitioner a good authentick deed 
of said land under the hand and seal of said Mathew Stewart 
&c., which the petitioner refused to accept, and that they 
thereby had fully executed their trust and undertaking afore- 
said, that the petitioner therefore ought not to recover &c., in 
said plea reciting at large the said act of Assembly, the print- 
ed scheme of said lottery, and the said deed tendered &g. ; 
that the petitioner replied to said plea that he ought not to be 
barred &c., for that before the executing and tendering of said 
deed and before the grant of said lottery, publishing said 
scheme, and undertaking and promise of the defendants in the 
form aforesaid, the said Mathew Stewart had sold and con- 
veyed the said land drawn as aforesaid unto Charles Apthorp 
of Boston, Esq% &c., by deed duly executed, compleated and 
recorded according to law, all which the defendants well knew 



808 PUBLIC RECORDS [Octobcr, 

at tlie time of granting said lottery, publishing said scheme, 
and making and tendering of said deed to the petitioner, and 
that the petitioner was ignorant of such conveyance to said 
Apthorp &c. at the time of his purchasing of said ticket and 
drawing of said prize, and that the said Stewart not being 
vested with any property in said lands at the time of his mak- 
ing said deed to the petitioner and of the tendery made there- 
of to the petitioner as aforesaid, that said tendery was not 
therefore a fullillment or com])liance with the engagement 
and undertaking of the defendants, and that the petitioner 
was not obliged to accept the same in fulfillment as aforesaid, 
and thereof prayed judgment &c. ; that said parties joining in 
[109] a II demurrer to said replication, and the same being re- 
moved to the superior court held at said New London in Sep- 
tember, 1763, and being heard thereon, the said superior 
court were of opinion that the said reply of the petitioner was 
insufficient in the law &c., and rendered their judgment ac- 
cordingly ; and the petitioner complaining of the said judgment 
of the superior court, that in rendering the same manifest er- 
ror hath intervened, praying to have said judgment reversed, 
and to have liberty of a new tryal &c., as per petition on fde 
more at large may appear : Resolved by this Assembly, that 
the aforesaid judgment of said superior court is manifestly er- 
roneous, and the same is hereby reversed and made void, and 
liberty is hereby granted to the petitioner to have another try- 
al of said action before the superior court to be held at Nor- 
wich in said county of New London on the fourth Tuesday of 
March next ; and the whole cost to follow the final judgment. 
Whereas Ebenezer Mix of Hartford has exhibited his peti- 
tion to this Assembly against John Eliot late of New Haven 
now of Spencer in the Province of the Massachussets Bay, com- 
plaining that said Eliot had overi'eached and defrauded him 
in the purchase of certain lands of said Eliot and his wife ; 
praying for relief &c., as per petition on file : And Whereas 
the said Eliot in person and the said petitioner by his council 
appeared and signified to this Assembly that they have agreed 
to submit the matters of said controversie to be determined 
and adjusted by Jonathan Trumble, Benjamin Hall, Shubacl 
Conant, Elisha Sheldon and Jabez Huntington, Esq", with 
instructions by the parties agreed upon : It is thereupon re- 
solved by this Assembly, that Jonathan Trumble, Benjamin 
Hall, Shubael Conant, Elisha Sheldon and Jabez Huntington, 
Esq'^% be and they are hereby appointed a committee with full 
power to examine into the whole conduct of the parties, both 
\n making the said bargain and since it was complcated, suf- 



1764.] OF CONNECTICUT. 309 

fer them or either of them to disclose under oath, and if 
said committee or any three of them judge that, according to 
the common course of trading and transacting in bargaining, 
said Eliot's conduct has been such as justly intitles said 
petitioner to any consideration, that then said committee, or 
any three of them, shall order said Eliot to discount so much 
upon the judgments obtained against said petitioner upon the 
notes given in consequence of said bargain, (^exclusive of that 
sold to Flagg,) as they think right. But if tlie said commit- 
tee judge that the said petitioner is not (upon the principles 
abovementioned) intitled to any consideration, that then they 
order said petitioner to pay said Eliot so much for the ex- 
pence, disappointment and damage which said Eliot has sus- 
tained by said petitioner's conduct as they think equitable. 
And the said committee to report upon the matters aforesaid 
to this Assembly in Ma}'' next. And that execution be stayed 
on said judgments, (exclusive of that obtained upon one of 
the said notes sold to John Flagg, of said Spencer,) till that 
time. 

Upon the petition of Martha Owen, of Farmington in the 
county of Hartford, representing tliat liaving been begotten 
with child in fornication by Daniel Miller of said Farming- 
ton, and that said Daniel, rather than abide the sentence of 
law for and towards the maintenance of said child, com- 
pounded, agreed and gave to the petitioner sixteen notes of 
hand, in the whole containing tw,enty-two pounds lawful 
money ; that the said Daniel afterwards by collusion and de- 
ceit desiring to see said notes, and the same being shewn to 
him by the said petitioner, he took, carried away, and ever 
since refused to return them to her, and the same being done 
when and where no witness could be had &c., and ))raying 
for relief &c. : It is resolved by this Assembly, that Messrs. 
Thomas Hosmer, Daniel Webster and Daniel Kellogg, all 
of Hartford, be and they are hereby appointed a committee 
to examine and enquire into all the matters referi-ed to in said 
petition, by the oath of the parties or otherwise ; and to make 
report of what they find, and of their opinion of what is just 
and right to be done in the premises, to this Assembly at their 
present or next sessions. 

Upon the report of Messrs. Thomas Hosmer, Daniel Web- 
ster and Daniel Kellogg, of Hartford, who were by this As- 
sembly appointed a committee to examine and enquire into 
all the matters referred to in the i)etition of Martha Owen of 
Farmington, complaining of Daniel Miller of the same town 
for unjustly taking and detaining from her sixteen notes of 



1.-,.. 



810 PUBLIC RECORDS [October, 

his hand, given to lier by him, said Daniel, for and towards 
the maintenance of her child by him begotten in fornication, 
amounting to <£22 Os. Od. lawful money, &c., reporting that 
they had heard the said parties and found that said Daniel 
had so taken and detained and hitherto refused to deliver up 
the said notes, and that in their opinion the said Martha had 
been damnified thereby to the value of £28 Os. Od. lawful 
money, and that he ought also to pay her costs the sum of 
£1 5s. 4id. like money, in the whole being thirty-five pounds 
five shillings and four pence lawful money ; which report is 
hereby accepted and approved ; And it is therefore decreed 
and resolved by this Assembly, that the said Daniel Miller 
shall pay unto the said Martha Owen the aforesaid sum of 
thirty-five pounds five shillings and four pence lawful money, 
and that execution be awarded accordingly, ^x. gratited Oc- 
tober 29th, 1764. 

[110] On the petition of Ebenezer Fitch, of Wallingford in 
New Haven county, versus Samuel Smith, of Suffield in Hart- 
ford county, representing and alledging that in October, A.D. 
1759, said Smith attended with one Johannes Metoksin, an 
Indian, stiled Indian interpreter and gentleman, offered to 
sale certain lands in the county of Hampshire and Province 
of the Massachusets Bay, falsely pretending that said Indian 
could invest any purchaser with legal title to said lands, and 
that Fitch w^as by such feigned pretences induced to purchase 
a right of lands in a plaqp called Rands Town, said to be three 
hundred and sixty acres, bounded east and north on country 
lands, south on land of Ebenezer Molton, &c., westwardly on 
Chandler Town, and thereupon said Fitch did pay to said Smith 
six pounds and also gave and executed two notes of hand for 
the sum of fourteen pounds, on which judgments have been 
rendered and executions issued ; praying this Assembly would 
order and decree said Smith to refund said money, and also 
pay such cost and damages as should be judged reasonable, 
and that said judgments rendered against him on said notes 
may be vacated and proceedings thereon, as by his petition 
on file ; and said Pitch having sufificiently proved the matters 
in said petition alledged : Whereupon this Assembly do order 
and decree, and it is hereby decreed, that said Samuel Smith 
shall pay to said Ebenezer Pitch the sum of six pounds, and 
that the judgments rendered and executions issued in favour 
of said Smith against said Pitch on said notes shall be and 
hereby are made null and void ; and all suits commenced by 
said Smith, relative thereto, and now pending, are hereby 
abated, and the cost thereon shall be paid by said Smith ac- 



1764.] OF CONNECTICUT. 311 

cordingly. Cost alloived petitioner <£4 17 8. Ex. granted 
Nov, Ut, 1764. 

Whereas upon the petition of John Swetland and Joseph 
Swetland of Hartford, and William Swetland, Jonathan 
Swetland, Peter Swetland, and John Clauson and Zeru- 
iah his wife, of Hebron, and Caleb Swetland of Kent, 
and Joseph Basset of Bridgwater in the Province of 
the Massachussets Bay, William Basset and Gideon Basset 
of Norton, and Nathan Basset of Bridgwater, all in said 
Province, the descendants and heirs of John Swetland 
late of Lebanon, deceased, of Joseph Swetland and Sarah 
Basset, deceased, preferred to this Assembly in May, 1763, 
and by divers continuances brought to the sessions in May, 
1764, against John Richards of New London, Esqf, shewing 
that upon a former petition of theirs, preferred to the Gen- 
eral Assembly held at Hartford in May, 1760, against the 
said John Richards, Esq"", setting forth and shewing that 
Benjamin Swetland, their ancestor, formerly of said New 
London since deceased, by his last will and testament gave 
and devised to his then wife Hannah Swetland the use and 
improvement of certain goods and chattels of his for and 
during her natural life, and then to go to the parents &c., 
aforesaid, of said petitioners, whom they represent ; that said 
Hannali afterwards deceased leaving a last will and said 
Richards her executor, who took into his custody the said 
goods and estate (tc, praying to have a discovery of the same 
and to have the same adjudged to them (fee, as by said peti- 
tion at large may more fully appear ; and thereupon Richard 
Lord, Jabez Huntington and Ebenezer Backus, Esqi'^wereby 
said Assembly held in May, 1760, appointed a committee with 
power to enquire after said goods and estate, in order to a dis- 
covery thereof, and report make <fec., which committee having 
executed said trust and made report to the General Assembly 
held at New Haven in October, 1760, the same was accepted 
and approved ; in and by which report it was found that said 
John Richards had in his custody and detained &c. a negro 
man named Mingo, one negro woman called Rose, a silver 
tankard, porringers, old spoons, silver money &c., and a sum 
in old tenour bills, also a bond against Thomas Forsdick for 
£431 Os. Qd. old tenour, on interest, (fee, as by said report 
at large may appear ; praying to have said several goods cfec. 
paid and delivered over to the petitioners by said John Rich- 
ards, as by tlie petition on file : the said Assembly in May 
last did appoint Joseph Spencer of East Haddam, Joshua 
West of Lebanon, and Benjamin Gale of Killingworth, Esq''-% 



312 PUBLIC RECORDS [Octobcr, 

a committte with full power to consider and determine to 
whom, according to the will of Benjamin Swetland aforesaid, 
the said goods and cliattels mentioned in said report did of 
right belong, and in what proportion and to whom the same 
or any part thereof ought to be paid and delivered, and to 
consider what allowance, if any, ought to be made by said 
[111] Richards for the use and benefit of said negroes, || or 
either of them, since tbey had been in his hands and custody, 
as also to determine what sum, if anything, ought to be paid 
by said Richards for said articles, or any of them, in case he 
should refuse to deliver out and pay the same according to 
such order as this A.ssembly may make to that purpose &c., 
and to make report in the premises : Which last mentioned 
committee liave executed said commission and reported, that 
the said articles by the last will of said Benjamin, deceased, 
did of right belong to the first dissenting church at New Lon- 
don, to the old North church at Boston, aud to John Swet- 
land, Joseph Swetland, William Swetland, Jonathan Swet- 
land, Peter Swetland, Zeruiah Clauson, Caleb Swetland, Na- 
than Basset, William Basset, Joseph Basset and Gideon Bas- 
set, the said petitioners, and also to William Lovet, Sarah 
Lovet and Grace Lovet, all of said Beverly, children of Agnes 
Lovet of said Beverly, deceased ; that the said John Rich- 
ards ought to pay for the use of said Mingo tlie sum of sixty- 
four pounds, lawful money, and for the use of said Rose tlie 
sum of six pounds, lawful money ; that the said Richards 
ought to deliver to each of said two churches eleven ounces 
and one quarter of silver, or pay to each of them the sum of 
c£3 15s. Qd. lawful money, and that he ought to deliver to 
the said Peter Swetland, his heirs, representatives or assigns, 
eleven ounces and one quarter of said silver, or pay to the 
said Peter Swetland or his heirs &c. the sum of £'6 15s. Od. 
lawful money, and that the residue of said articles and the 
sums before-mentioned, for the use of said negroes, ought to 
be delivered or paid to all the persons in said report named 
as legatees, in equal proportion, viz: one fourteenth of said 
residuary part of said articles and said sums for the use of 
said negroes to each of said residuary legatees, or to their 
heirs, representatives or assigns, and in case said Richards 
refuse to deliver said articles &c. to said residuary legatees, 
their heirs or assigns, as before-mentioned, he ought to 
pay to them in lieu thereof in manner following, viz : to 
deliver Mingo or pay the sum of twenty pounds lawful 
money, to deliver the bond mentioned on Tho^ Forsdick 
for <£43l Os. Od. old tenor bills or pay the sum of <£64 8s. 



1764.] OP CONNECTICUT. 313 

Id. lawful money, to deliver the six hundred and eleven 
pounds thirteen shillings old tenor bills or pay the sum of 
£45 17 6, lawful money, and the remaining twenty-three 
ounces of silver or pay the sum of <£7 13 4, lawful money; 
that the afore-named legatees, excepting said two churches, 
made a legal conveyance or assignment of all their right or 
interest in said articles to Maj"" Charles Bulkley late of said. 
New Loudon, deceased, in his lifetime, and therefore that the 
said articles and money for the use of said negroes, or the 
money as before-mentioned in lieu of said articles, excepting 
only the two churches' part, aforesaid, ought to be delivered 
or paid to Anne Bulkley of said New Loudon, sole executrix 
of the last will and testament of said Charles Bulkley, de- 
ceased, as per report on file appears : Resolved by this As- 
sembly, that the said report of said last-mentioned committee 
be and the same is hereby accepted, approved and confirmed. 
And it is further enacted and decreed, that the said John 
Richards shall pay and deliver said articles and money for 
the use of said negroes or the money in lieu of said articles 
according to said report within two months from the rising 
of this Assembly ; and in case the said articles are not de- 
livered and said monies paid within two months, that execu- 
tion issue in favour of said Anne Bulkley for the amount of 
said sums so found by said report to be due and payable to 
her as executrix as aforesaid. 

Upon the petition of Natlian Curtiss, of Wallingford in 
the county of New Haven, representing that his late father, 
Nathaniel Curtiss late of said Wallingford, deceased, by his 
will gave him a piece of land at Chestnut Ground, so called, 
and another piece at Plainfield, and the remainder of his 
estate besides some legacies to Nathaniel Curtiss jun'', and 
made them his executors; that said Nathaniel the elder in 
the latter part of his life failed in his reason and was put 
under the care of the selectmen and afterwards of a conser- 
vator, and whilst under such circumstances said Nathaniel 
junior persuaded him to make deeds of gift of a considerable 
part of tlie estate then belonging to him unto said Nathaniel 
junior ; that said Nathan refusing to meddle as executor 
in said will, said Nathaniel jun"" proceeded to make an in- 
ventory of said deceased's estate, and of the debts, whereby 
it appeared that the debts considerably exceeded the movea- 
ble estate ; that said Nathaniel jun"" pretended to claim the 
estate so left him as aforesaid by force of said deeds of 
gift, refused to put the same into the inventory of his father's 
estate, whereby said estate appeared to be insolvent, no land 
40 



314 PUBLIC RECORDS [October, 

being put into said inventory except said land at Chestnut 
Ground so given to said Natban; that said Nathan proceeded 
to sell said land at Chestnut Ground agreeable to the direc- 
[112] tion of the court of probate; || praying said deeds 
from said Nathaniel of said Chestnut Ground might be 
vacated and a committe appointed &c. : The parties appeared 
and agreed that a committee should be appointed to enquire 
into the matters aforesaid, and in what manner and by whom 
the debts due from said estate should be born and paid, as 
per petition on file : It is enacted, that Roger Sherman, of 
New Haven in the county of New Haven, Esq^, and Messrs. 
Macock Ward and Titus Brocket, both of Wallingford in 
said county, be a committee and they are hereby appointed a 
committee to examine and consider the matters and things 
stated and alledged in said petition, and also enquire in what 
manner and by whom the debts due from said estate should 
be borne and paid, and what sum such person or persons as 
they shall find chargeable with said debts shall pay and 
answer, and make report of what they shall find to this As- 
sembly in May next. And the said committee are also hereby 
directed and impowered, to call all the children of said 
deceased Nathaniel Curtiss and the representatives of such as 
are deceased before them, and to examine and consider 
whether any of said children other than the petitioner and 
petitionee ought to pay any part of said debts, and if any 
how much, and report as aforesaid. 

Upon the petition of Mary Cobb, of Milford in the county 
of New Haven, representing that on the 3d Monday of July 
A.D. 1T64, the petitioner presented to the court of probate 
for the district of New Haven the last will and testament of 
Anna Farrand late of said Milford, deceased, dated the 13th 
day of May, A.D. 1763, wherein she was nominated and 
appointed executrix, in order that the same might be ap- 
proved, which being denied by said court of probate, the 
petitioner appealed from said denial of said court of probate 
unto the superior court holden at New Haven on the last 
Tuesday of August, 1764, at which superior court said decree 
of said court of probate was affirmed, and that said last 
will and testament was signed by said deceased when in full 
life and of sound mind and memory, and by her executed in 
due form of law, and that said deceased was under no undue 
influence; praying for a reversal of said judgment and 
decree of said court of probate and for an order and decree 
that the said court of probate receive said last will and testa- 
ment (tc, as by said petition on file may at large appear: 



1764.] OF CONNECTICUT. 315 

Resolved by tliis Assembly, that the said judfrment and 
decree of said superior court be reversed, and the same is 
hereby reversed and set aside. And it is liereby enacted and 
ordered, that the said court of probate for the district of 
New Haven receive the said last will and testament of the 
said Anna Farrand, deceased, and record the same in usual 
form of law. 

Whereas upon the petition of Godfrey Malbone, of New- 
port in the Colony of Rhode Island, against John Banister 
of the same Newport, preferred to this Assembly at their 
sessions at Hartford in May last, then complaining to this 
Assembly then there held of error in the judgment of the 
superior court held at Windham on the 3d Tuesday of March 
then last, in assessing the damages on a bond given to said 
Banister by said Malbone, conditioned for the payment of 
.£5971 Os. Od. old tenour of the Colony of Rhode Island, 
dated May lOtli, 1755, and made payable on the 2d day of 
December in the same year, 1755, then praying to have 
said judgment reversed, and that a new tryal of said cause 
might l)e had, or that a committee might be appointed to 
adjust and settle the sum due by said bond, as by the 
petition on file appears : it was by said Assembly then 
resolved, that there was manifest error in said judgment, 
which was by said Assembly then reversed, set aside and 
made null and void ; and it was also, at the desire and 
upon the agreement of the parties by their respective attor- 
nies, tlien further resolved, that Colo. Joseph Spencer, Ebene- 
zer Backus, Esq*", and Mr. Daniel Lothrop, should be and 
they were then by said Assembly appointed a committee with 
full power, to hear the parties upon, enquire into and deter- 
mine the sum in lawful money that was justly due by said 
bond and the condition thereof, and report thereof to make 
to this Assembly : And whereas said committee have re- 
ported to this Assembly tliat they having notified the parties 
to appear before them, and that having fully heard the parties 
on their pleas &c. on the 8th day of August last past, relating 
to the said matter of said petition, said committee do there- 
upon judge and determine that there is justly due from said 
Godfrey Malbone to the said John Banister on said bond and 
the condition thereof the sum of five hundred and sixty-nine 
[113] II pounds five shillings and four pence, lawful money, 
including interest until the 7th day of October instant, as by 
said report on file appears: Whereupon it is resolved by this 
Assembly, that said report be accepted and approved of, and 
the same is hereby accepted and approved of. And it is also 



316 PUBLIC RECORDS [October, 

further resolved, that the said Banister shall recover of said 
Malbone said sum of five hundred and sixty-[niue] pounds five 
shillings and four pence lawful money, and his cost, taxed at 
XI 9 lUs. 9d. and that execution go forth accordingly. Exe- 
cution granted Nov'' 1st, 1764. 

Upon the petition of Eliphalet Beecher, of New Haven in 
the county of New Haven, representing that the petitioner in 
January, 1763, and Ebenezer Keeney, of Derby in said 
county, did submit all matters of controversie to the arbitra- 
ment of Messrs. Robert Fairchild, David Lewis, both of 
Stratford in Fairfield county, and Benjamin Stiles, of Wood- 
bury in Litchfield county, and that upon opening the contro- 
versie between the petitioner and said Keeney relative to their 
book-accounts before said referees, it appeared that after the 
30th day of July, 1759, the book-account of said Keeney 
against the petitioner was <£M4 6s. 8ld. lawful money, and no 
more, and if there was a settlement of book-accounts between 
the petitioner and said Keeney on the 30th day of July, A.D. 
1759, the balance due to the petitioner at said settlement was 
X150 1 11, New York money, since which settlement the 
petitioner hath no charge against said Keeney ; that the 
petitioner before said referees deposed that a settlement of 
their book-accounts was had at said time, which was denied 
on the part of said Keeney ; that the petitioner tlien had a 
receipt under one Judson Burton's hand, who acted for said 
Keeney, in the following words, viz : New Haven, 30th of 
July, 1759, Then received of Eliphalet Beecher in full for 
22651 wt. of flour, in full for 117 barrels of pork and on 
book- accounts £14 13 Ij, lawful money, on account of Mr. 
Ebenezer Keeney of Derby. I say received by me, Judson 
Burton. Which at the time of said arbitrament being mislaid 
could not and was not by the petitioner produced to said arbi- 
trators, for want of which said arbitrators were induced to 
suppose there was no settlement at said time, and thereupon 
allowed the petitioner the sum of <£30 0, lawful money, 
only; whereas if the petitioner could have produced said 
receipt, a much larger sum would have been allowed ; pray- 
ing for a committee &c., as by the petition on file: Resolved 
by this Assembly, that said Messrs. Robert Fairchild, David 
Lewis and Benjamin Stiles, be a committee, and they are 
hereby appointed a committee to enquire and examine the 
matters mentioned in said petition, and to report to this 
Assembly or to the General Assembly at their sessions in May 
next what they shall find therein, with their opinion thereon. 
On the petition of Lemuel Guernsey, David Miller, Job Camp 
and others, representing that on application by them made to 



1764.] OF CONNECTICUT. 317 

the county court in tlie county of Hartford, the said county 
court lield at Idartford in said county by adjournment on the 
4th Tuesday of June, 1768, issued a })i-ecept for sumrnoninga 
jury to lay out a liighway in the town of Haddam in said coun- 
ty ; that Samuel Russel of Midletown in said county, sheriff's 
deputy, to whom said precept was directed, afterwards by vir- 
tue thereof and pursuant to the order of said court summoned 
a jury, all belonging; to said town of Midletown, who accord- 
ingly on the 22d and 23d of September, 1763, laid out a high- 
way, as in said precept directed, viz : beginning at the south 
bounds of Midletown and the south end of a highway called 
Johnson's Lane, then south five degrees west sixteen rods in 
a highway or common land in Haddam bounds, and thence &c. 
to Durham line, and made monuments on the southerly side 
of said highway at every turn &c., and assessed damages &g. ; 
that on return thereof n.ade to the county court held at said 
Hartford on the first Tuesday of November, 1763, that said 
county court accepted and approved thereof, and established said 
highway &c. ; that Samuel Bates, Moses Bates and others, 
children and heirs of Samuel Bates of said Haddam, late de- 
ceased, by their mother, Abigail Bates of said Haddam, their 
next friend, afterwards brought their writ of error to tlie su- 
perior court held at said Hartford on the first Tuesday of 
March, 1764, complaining of the judgment of said county court 
&c., for that said jury was ordered and taken out of one town 
only, and for that said heirs had nothing allowed for damages 
done in their property, said higliway including about one acre 
and a quarter of their lands &c. ; that said cause in error, as 
aforesaid, being continued to the said superior court held at 
said Hartford on the first Tuesday of September, 1764, said 
superior court adjudged the judgment and doings of said coun- 
ty court to be erroneous, and by their judgment reversed the 
same. The petitioner in said petition also complaining of the 
judgment of said superior court in reversing said judgment of 
the said county court as being erroneous ; praying to have the 
[114 1 same reversed &c., as per petition on file : || Resolved 
by this Assembly, that the said judgment of said superior court 
in reversing the judgment and doings of said county court is 
erroneous, and the same is hereby reversed and made void, 
and the judgment and doings of the said county court, rela- 
tive to said liighway, is hereby affirmed, confirmed and estab- 
lished. 

Upon the petition of Nathaniel Eells and Edward Eells, 
both of Stonington in the county of New London, represent- 
ing to this Assembly that they having duly obtained an execu- 



318 PUBLIC RECORDS^ [Octobcr, 

tion against Sylvester Baldwin, of the same Stonington, for 
the sum of <£G69 13s. 5c?. and procured the same to be duly 
levied on a certain tract of land situate in said Stonington, as 
the real estate of said Baldwin, and so satisfied said execu- 
tion, since which thirty-three acres of said land so levied upon 
andset off in part satisfaction of said execution, apprized attlie 
sum of £203 5s. 5c?., lawful money, hath by an award &c. in 
equity been taken from him ; praying for an order and decree 
of this Assembly that the said Sylvester Baldwin should pay 
to the said Nathaniel and Edward Eells said sum of £203 5.s. 
bd. with the lawful interest thereon arisen, as per memorial 
on file : Resolved by this Assembly, and this Assembly here- 
by order and decree, that the said Sylvester Baldwin pay and 
satisfy unto the said Nathaniel and Edward Eells the afore- 
said sum of X203 5s. 6d. with the lawful interest thereon 
arisen from the time the aforesaid execution was levied as afore- 
said, amounting to the sum of £218 9s. 10c?. lawful money, 
and that execution from this Assembly in due form go forth 
accordingly. Execution granted Ocf 2^d, 1764. 

Upon the petition of Daniel Brainerd of East Haddam, rep- 
resenting that the petitioner and Thomas Williams of Albany, 
as administrators on the estate of John Brown, deceased, had 
mutually obtained judgments against each other ; praying for 
discount &G., as per memorial on file : Resolved by this As- 
sembly, that the consideration of said petition is referred to 
the General Assembly to be holden at Hartford on the second 
Tluirsday of May next. And it is further ordered, that the 
executions on the several judgments of court referred to in 
said petition be suspended and staid until that time. 

Upon the memorial of Joseph Talcott, John Ledyard, Sam- 
uel Talcott, William Pitkin jun"", Esq^^ and others, representing 
to this Assembly that of late there are sundry spits and bars of 
sand made and arisen across Connecticut River between 
Weathersfield Rocky Hill and Hartford, which very much ob- 
struct the navigation up and down said river from said Rocky 
Hill to Hartford, and tliat said bars might probably be remov- 
ed, to the great advantage of the adjacent country ; request- 
ing the favorable interposition and aid of this Assembly, by 
impowering them and their associates to take and collect sub- 
scriptions to be improved for said purpose, and to grant some 
suitable tonnage on the shipping that may use said river be- 
tween said Rocky Hill and Hartford, after the said bars shall 
be so effectually removed that there shall be seven feet water 
through the summer season, to raise a sum of money to be 
improved to keep open said channel and reimburse tlie said 
undertakers. 



1764.] OP CONNECTICUT. 319 

Whereupon this Assembly, coyisidering the great advantage 
that loould accrue to his Blajesty's subjects adjacent thereto 
should said undertakiyig be successfully accomplished, do re- 
solve, and it is hereby resolved and enacted by the G-overvor, 
Council a7id Representatives, in General Court assemhled, and 
by the authority of the same. That the said Joseph Talcott, 
John Ledyard, Samuel Talcott and WilHam Pitkin jiin'", Kscf^ 
together with such others as sliall subscribe and undertake in 
the adventure aforesaid, shall be and they are hereby impow- 
ered to choose a treasurer and clerk, who sliall be sworn to a 
faithful performance of said trust, as also to clioose and ap- 
point a suitable committee or committees to take in subscrip- 
tions payable to the said treasurer for the use and purpose of 
clearing and removing said bars, who shall have full power 
and autliority to receive all such subscriptions, and if [need] 
be to sue for and recover the monies secured thereby for the 
purpose aforesaid, who shall pay out the same by order of a 
committee appointed for that purpose. 

Be it further enacted by the authority aforesaid, That the 
said undertakers have full power and authority, and full power 
and authority is hereby granted to them, to choose a proper 
committee or committees for carrying on such works as by 
them shall be judged proper to be carried on for tlie effecting the 
good end proposed, and to adjust all accounts and give orders 
on said treasurer for payment of such sums as may be found 
due to any person or persons for services done or otlierwise. 

And for the encouragement of said undertakers, and for 
raising a suitable fund for keeping the said channel clear, if 
it shall be opened, and for reimbursing said undertakers, if 
[115] they || shall remove and clear away the bars referred to 
in said river, 

Be it further enacted and granted by the authority aforesaid, 
and it is hereby granted, That, if the said undertakers shall 
remove or cause to be removed and cleared from and out of 
said river the said bars referred to, so that there shall be full 
seven feet water from said Rocky Hill to Hartford Landing- 
through the course of the summer season, upon the common 
tide, that then and in such case all such vessels as shall nav- 
igate and use the river above the bar called Glastonbury Bar, 
except vessels of less than fifteen tons burthen computed by 
the carpenter's rule, shall be subjected, and they are hereby 
subjected during the pleasure of this Assembly, to pay six pence 
per ton every time they shall go up said river above said Glas- 
tonbury bar, which shall be })aid by the master of said vessel 
so going up said river, which it may and shall be lawful for 
the said treasurer, or some other meet person which shall be 



320 PUBLIC RECORDS [October, 

appointed by said adventurers for that purpose, who shall be 
"under oath for a faithful discharge of the trust, to collect and 
receive the same of said master lor the use aforesaid ; and in 
case of refusal, it shall be lawful for said treasurer or collec- 
tor, if any person shall be appointed for that purpose, to 
sue for and recover the same in any of his Majesty's courts of 
judicature in this Colony by action, to be improved for the 
keeping the said channel clear and open ; and if any overplus 
remains, to be applied to pay and discharge the yearly inter- 
est that shall or may have arisen on the several sums subscrib- 
ed and paid for the purpose aforesaid. And if any money 
shall then remain, it shall be applied to pay and discharge the 
several sums paid by said subscribers, to them or their heirs, 
beginning at tlie least and so on to the greatest, until the whole 
be paid. 

Be it further enacted hy the authority aforesaid^ That it 
shall be lawful for the aforesaid undertakers to meet by them- 
selves or substitutes at such time and place as they shall think 
proper, to transact and come into such votes and conclusions 
as they shall judge necessary. And upon the application of 
any five of them made to any Assistant or justice of the 
peace, requesting a warrant to notifie and warn said under- 
takers to meet, it shall be the duty of said Assistant or jus- 
tice of the peace to grant out a warrant for that purpose, 
setting forth the time, place and occasion of said meeting, 
two attested copies whereof being set up in two several public 
places in the town of Hartford by the constable of said Hart- 
ford, one on each side the great river, at least twenty days 
before the time appointed for said meeting, shall be a suffi- 
cient and legal notification for said meeting. 

Be it further enacted by the authority aforesaid^ That it 
shall and may be lawful for said undertakers in their meeting, 
to agree upon such other reasona!)le method of calling their 
meetings as they shall think best. And the said under- 
takers in their meetings shall have full power, and full power 
and authority is hereby granted to them, to adjourn said 
meeting as they shall find necessary. 

Upon the memorial of the selectmen of Midletown, Moses 
Bush, Jeremiah Goodrich, David Sage, Nathaniel White, 
Daniel Shepard, and others of the 3d society of Midletown 
aforesaid, shewing to this Assembly that the town of Midle- 
town, in the year 1675, granted and recorded of the undi- 
vided land in said town to twelve Indians, then being in said 
Midletown, to them and their heirs, three hundred acres of 
land at or near a place called Wongong, which lays two 



1764.] OP CONNECTICUT. 321 

hundred and fifty acres thereof in the centre of said third 
society, and the meeting-house being now pLaced about the 
middle of said tract of land, which land situate as aforesaid 
is a great detriment to said society. And the said heirs of 
said Indians, being now but about forty men, women and 
children, and have dispersed themselves, some among tlie 
Mohegans, some to Farmington, others to Hartford and New- 
Hartford, and but one squaw and three of her children at 
Midletown, except a blind squaw of one Cuscliaw, deceased, 
who has for more than twelve months been supported by the 
selectmen of MidletoAvn ; and that part of said land has been 
leased out by some Indians since deceased, the land en- 
croached upon, whence contentions &c. arise, and the land 
situate as aforesaid is a great damage to the settling of said 
society ; and that some of said land has been aparted to one 
of the heirs of said Indians by this Assembly, and some of 
them christianized and desire to have their rights aparted 
and set off to them in severalty' &c. ; praying for a committee 
to enquire into the circumstances of said land, Indians &c., 
and make report of their opinion thereon, or in some other 
way grant relief, as per memorial on file: Resolved by this 
Assembly, that John Chester, Elisha Williams and James 
Wadsworth jun'', Esq''^, be a committee, and they are hereby 
impowered, to enquire into all the circumstances referred to 
in said memorial, at the cost of the memorialists, and make 
report of their opinion thereon to this Assembly at their 
session in May next. 

Whereas upon the memorial of Thomas Hart and others 
of the society of Kensington, representing that the meeting- 
house in said society was much out of repair, that said 
society could not agree to repair the same, and praying that 
they might be compelled to do it ; and upon the memorial of 
Aaron Brunson and others, inhabitants of a tract of land in 
Farmington, commonly called the Blue Hills, being a winter 
parish and school district, representing that they were under 
[116] great disadvantages in respect || to their attending 
divine worship, and praying that the western part of said 
Kensington might be annexed to them, and the whole made 
a distinct ecclesiastical society, Messrs. Timothy Stone, 
Thomas Darling and John Fowler were by this Assembly in 
May last appointed a committee to examine and consider the 
several matters and things in said several memorials men- 
tioned and alledged, and to report what they should find most 
fit and expedient to be done thereon; which committee have 
reported it as their opinion, that is best that the said Aaron 
41 



322 PUBLIC RECORDS [October, 

Brunson and otliers continue to be one society with said Ken- 
sington ; that said meeting-house is unfit to be repaired, other- 
ways than as a temporary place of worship until the said 
society can build a new meeting-liouse in such place as shall 
be regularly assigned them, so as to accommodate the whole 
of said society &c. ; which report of said committee is ac- 
cepted and approved, as per said memorials, report &c. on file 
appears: It is therefore now resolved by this Assembly, 
that the said Aaron Brunson and others inhabiting said Blew 
Hill district shall continue to belong in all respects to the 
said society of Kensington, and that the county court for the 
county of Hartford, on application to them to be made some 
time before the rising of this Assembly in May next, shall 
appoint a committee to stake out a spot whereon to set up 
and erect a meeting-house in said society which shall accom- 
modate the whole ; that said society shall thereon build a 
meeting-house sufficient for said purpose, within three years 
from the rising of this Assembly ; that such repairs be made 
forthwith, or as soon as conveniently may be, upon said old 
meeting-house in said society as will make it safe and com- 
fortable for the society to meet in for said term of three 
years ; and that the cost that has arisen on the said memo- 
rial of Thomas Hart and others shall be borne and paid by 
the said society, exclusive of that part of said society called 
the Blew Hills. 

Upon the memorial of Thomas Benedict, of Danbury in 
Fairfield county, and others stiling themselves the first church 
in said Danbury, and Ezra Stephens and others, inhabitants 
of the 1st society in said Danbury, representing that for some 
time past there hath been, and now are subsisting, divers 
controversies and disputes relative to the dismission of the 
Eeverend IVIr. Ebenezer White from the pastoral care and 
charge of the first church and society in said Danbury by a 
late determination of a council of the ministers and churches 
of the eastern and western districts in Fairfield county, which 
disputes are in danger of producing divisions and separa- 
tions in said church and society, this Assembly being desi- 
rous as far as possible to restore peace and harmony to said 
church and society and to prevent the fatal consequences of 
such disputes and controversies : It is therefore resolved by 
this Assembly, that Jabez Hamlin, William Wolcott and Wil- 
liam Pitkin jun"", Esq^^, be and they are hereby appointed a 
committee to repair to said town of Danbury and endeavour a 
reconciliation between the contending parties in the first 
church and society in said town, and make report to the 
General Assembly to be held at Hartford in May next. 



176i.] OF CONNECTICUT. 323 

On llic memorial of Richard Davenport of Coventry, 
shewing that he was appointed receiver of tlie country pro- 
duce that was paid by said town in the year 1756, for and 
towards the public tax, and that he sustained great loss in a 
quantity of beef received for said Colonies use, on which 
account an action was brought against him, and that an 
award in said action of auditors was accepted against him 
when he was abroad on a journey and notice of said audit left 
at his abode, and so he was not able to appear at said audit ; 
praying for relief, as per his memorial on file: Resolved 
by this Assembly, that Jonathan Trumble, Joshua West and 
Nathaniel Wales jun"", Esqi's, be and they are hereby ap- 
pointed a committee to examine and enquire into the circum- 
stances of the whole matter relating to said l)eef mentioned 
in said memorial and to the suit on which the judgment of 
tlie superior court was rendered in favour of this Colony 
against said Davenport in September, 1763, and report their 
opinion what they find justly due from said Davenport to 
said Colony on said matters to the General Assembly in May 
next : and in the mean time the execution issued on said 
judgment be and is hereby suspended accordingly. 

Upon the memorial of Caleb Jewet, David Forster, Joseph 
Marvin and Joseph Landers, the present selectmen of the 
town of Sharon, and David Hide of said Sharon, shewing to 
this Assembly that the said David Hide was a collector 
chosen by the said town of Sharon to gather the country 
rates made on the lists of the years 1756, 1758, and 1760, and 
there is considerable money that remains uncollected on said 
bills, and that said Hide has resigned said rate-bills into the 
[117] hands of said || selectmen, and as it is very difficult, if 
not impracticable, for said collector to gather the remainder 
of said rates, by reason that he is very much reduced and 
under great difficulties <fec., whereby the government is kept 
out of their money, and the said town is liable to make it 
good, and praying this Assembly to appoint Mr. Ebenezer 
Gay of said Sharon a collector to gather the residue on said 
rate-bills, or some other meet person, or some other way to 
relieve etc., as per memorial on file, &c. : Resolved by this 
Assembly, that the town of Sharon have liberty and they are 
hereby impowered, to choose a new collector to collect the 
residue of said rates, in the same manner as is by law pro- 
vided when a collector dies before his year is out ; and that 
said collector shall be responsible to the selectmen of said 
town for such rates as he shall receive to collect, and the 
selectmen shall be accountable for the same to the Colony 
Treasurer. 



324 PUBLIC RECORDS [October, 

Upon the memorial of Benjamin Williams of Saybrook, 
administrator on the estate of Capt. Samuel Williams, de- 
ceased, shewing that the debts due from the said estate for 
which no grant of the Assembly for sale of land hath been 
made surmount the moveable part of said estate and all sums 
raised by all former sales of land the sum of .£11 12 4, law- 
ful money ; praying for liberty to make sale of so much of 
the remaining I'eal estate of said deceased as shall raise said 
sum of <£11 12 4, as per memorial on file: Resolved by this 
Assembly, that the memorialist have liberty, and liberty and 
authority is hereby granted to the memorialist, to make sale 
of so much of said remaining part of said real estate as shall 
raise said sum of .£11 12 4, lawful money, wntli incident 
charges arising thereon ; taking the direction of the court of 
probate in the district of Guilford therein. 

On the memorial of Samuel Barns and Esther his wife, ad- 
ministratrix on the estate of Ebenezer Brocket late of Wal- 
lingford, deceased, shewing that there is not personal estate 
sufficient to pay the debts of said deceased ; praying for lib- 
erty to sell land sufficient tlierefor, as per their memorial on 
file : Resolved, that liberty be and hereby is granted unto 
the memorialist, to sell so much land as may raise the sum of 
seven pounds three shillings and sixpence half penny, lawful 
money, with incident charges arising on such sale; taking the. 
direction of the court of probate in the district of New 
Haven. 

On the memorial of Rhoda Knapp, administratrix on the 
estate of John Knapp, late of Stamford in Fairfield county, 
deceased, shewing to this Assembly that the debts &c. due 
from the estate of said John Knap, deceased, and allowed by 
the court of probate in and for the district of Stamford, sur- 
mount the inventoried personal estate of said deceased the 
sum of X86 8s. 4Jc?- lawful money; praying some meet per- 
son might be appointed and impowered to make sale of so 
much of the real estate of said deceased as will raise said 
sum together with the incident charges arising on said sale : 
Resolved by this Assembly, that the said Rhoda Knap be ap- 
pointed, and she is hereby appointed and impowered, to make 
sale of so much of the real estate of said deceased John 
Knap as will raise said sum of £86 8s. 4kd. lawful money, with 
the incident charges arising on said sale ; taking the direction 
of the court of probate in the district of Stamford therein. 

Upon the memorial of Joanna Kent, of Suffield in this 
Colony, shewing to this Assembly that on her memorial to 
the Assembly in May last, praying for some relief for her 



1764,] OF CONNECTICUT. 325 

supporting her idiot child, Elias Kent, out of his estate, Capt. 
Josiah Bissel and Mr. Alexander Wolcott, both of Windsor, 
were appointed a committee to enquire and make report to 
this Assembly, and they having not been able to attend said 
business and make their report, praying they may be anew- 
appointed, and make their report in May next: Resolved by 
this Assembly, that the power of said committee be renewed, 
and they are by this Assembly impowered to make their re- 
port in the matters referred to them to this Assembly in May 
next. 

Upon the memorial of Gurdon Merchant, executor of the 
last will and testament of Mary Booth late of Fairfield, de- 
ceased, shewing to this Assembly that the debts due from the 
estate of said deceased surmount the moveable estate the sum 
of £S 10 6, lawful money, and praying for liberty to sell so 
much of the real estate of said deceased as will raise said 
sum of X3 10 6, lawful money, with incident charges arising 
on such sale: Resolved by this Assembly, that the memo- 
rialist have liberty, and liberty is hereby granted him, to sell 
so much of the real estate of said deceased as will pay said 
sum of X3 10s. Qd. lawful money, with incident charges 
arising on such sale ; taking directions of the court of pro- 
bate in the district of Fairfield therein. 

Upon the memorial of John and Mary Goodsell, both of 
Fairfield, executors of the last will and testament of John 
Goodsell late of said Fairfield, deceased, shewing that the 
debts due from the estate of said deceased surmount his move- 
able estate the sum of XI 16 14.s. 5hd. lawful money, for the 
payment of which there is no provision made in the last will 
of said deceased, and praying for liberty to sell so much of 
the real estate of said deceased as will pay said sum : Re- 
solved by this Assembly, that the memorialists have liberty, 
and liberty is hereby granted them, to sell so much of the 
real estate of said deceased as will ])ay said sum of X116 
14.S. S.tC?. lawful money, with the incident charges arising on 
such sale ; taking directions of the court of probate in the dis- 
trict of Fairfield therein. 

[118] Upon the memorial of Stephen French and others, 
members of the society of New Stratford in Fairfield county, 
representing that they are desirous of having a military com- 
pany among themselves, inclusive of the whole society, and 
that although the colonel of the regiment to which they be- 
long hath viewed their circumstances and judges it reasonable 
they should be made a military company, yet, as they belong 
to three military companies, apprehends he is not by law en- 



326 PUBLIC RECORDS [October, 

abled to form them into one company, and praying this As- 
sembly to make and constitute them, said members, a dis- 
tinct military company : Resolved by this Assembly, that 
the members of the society of New Stratford aforesaid be 
made and constituted a distinct military com])any, and they 
are hereby made a distinct military company, under the same 
regulations as other military companies in this Colony are. 

Upon the memorial of Stephen Hopkins, administrator on 
the estate of Thomas Hopkins late of Hartford, deceased, 
shewing to this Assembly that the debts and charges due from 
the estate of said Thomas Hopkins surmount the moveable 
estate the sum of <£53 Is. Id. lawful money, for the pay- 
ment of which sum said memorialist hath no moveable estate 
to pay the same ; praying that he, or some other meet person, 
may be appointed to make sale of so much of said real estate 
of said deceased as shall be sufficient to raise the sum afore- 
said : It is resolved, that the memorialist have liberty, and 
liberty is hereby granted to him, to make sale of so much of 
the real estate of said deceased as shall be sufficient to raise 
the sum aforesaid together with the incident charges of said 
sale ; taking the advice of the court of probate for the dis- 
trict of Hartford therein. 

Upon the memorial of Levi Sholes, of Groton in the county 
of New London, and his wife Elizabeth, which Elizabeth is 
daughter of Mary Stoddard late of said Groton, deceased, 
shewing to this Assembly that the debts and charges on the 
estate of said deceased surmount the personal estate of said 
deceased the sum of .£37 4s. 8c?., praying liberty to said 
memorialist, or some other person suitable, to sell so much 
of the real estate of said deceased as to pay said sum and 
the incident charges arising on said sale &c.: Resolved by 
this Assembly, that liberty be granted, and liberty and author- 
ity is hereby granted to said memorialists, to sell so much of 
the real estate of said deceased as to raise and pay said sum 
of <£37 4s. 8d. with the incident charges arising on said sale; 
taking the advice and direction of the court of probate for 
tlie district of New London in the sale thereof. 

Upon the memorial of Amos Hitchcock, administrator on 
the estate of John Hitchcock late of Newhaven, deceased, 
representing to this Assembly that the debts and charges, to- 
gether with some allowances to the widow, surmount the 
moveable part of said estate the sum of £2S 19 3, lawful 
money; praying for liberty to sell so much of said estate as 
shall be sufficient to pay said sum together with the incident 
charges of such sale, as per memorial on file : Resolved by 



1764.] OF CONNECTICUT. 327 

this Assembly, that the memorialist have liberty, and liberty 
and authority is hereby granted unto him, to sell so much of 
the real estate of said deceased as shall be sufficient to pay 
said sum together with the incident charge of sale ; taking 
the direction of the court of probate for the district of New 
Haven therein. 

Upon the memorial of Sarah Humpherville, administratrix 
upon the estate of Benjamin Humpherville late of Newhaven, 
deceased, representing to this Assembly that the debts and # 
charge due from the estate of said deceased, together with 
some allowance to the widow, surmount the moveable estate 
of said deceased the sum of c£320 14.s'. bd. lawful money; 
praying for liberty and authority to sell so much of the real 
estate of said deceased as shall be sufficient to pay said sum 
together with the incident charges of such sale, as per me- 
morial on file appears : Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 
granted unto her, to make sale of so much of the real estate 
of said deceased as shall be sufficient to pay said sum together 
with the charge of such sale ; taking the direction of the 
court of probate for the district of Newhaven therein. 

Upon the memorial of Euth Reynolds, administratrix on 
the estate of Samuel Reynolds late of Preston in New Lon- 
don county, deceased, shewing to this Assembly that the 
debts, charges, and necessaries set to the widow of the de- 
ceased, allowed by the court of probate for the district of 
Norwich, surmount the sum of the personal estate of said 
deceased the sum of <£33 16s. lie?., and praying for liberty 
to sell of the real estate of said deceased to raise said sum 
and the necessary charges arising on such sale, as per me- 
morial on file : Resolved by this Assembly, that the memo- 
rialist be and she is hereby authorized and impowered, to sell 
so much of the real estate of said deceased as to raise the 
said sum of £38 16s. Wd. and the necessary charges aris- 
ing on such sale ; she taking the direction of the court of 
probate for the district of Norwich therein. 

Upon the memorial of Samuel Silliman of Fairfield, admin- 
istrator on the estate of Mary Leavitlate of Fairfield, deceased, 
shewing to this Assembly that the debts due from the estate 
of said deceased surmount her moveable estate the sum of 
twenty-two pounds ten shillings and six pence, lawful money, 
and praying for liberty to sell so much of the real estate of 
[119] said deceased as will l)e sufficient to pay said sum: || 
Resolved by this Assembly, that the memorialist have 
liberty, and lil)erty and autiiority is hereby granted him, 



328 PUBLIC RECORDS [October, 

to sell so much of the real estate of said deceased as will 
be sufificieiit to pay the aforesaid sum of £22 10«. 6d. lawful 
money, with the incident charges arising on such sale ; taking 
tlie directions of the court of probate in the district of Fair- 
field therein. 

Upon the memorial of Mary Ball, administratrix on the es- 
tate of John Ball late of New Haven, deceased, shewing that 
the debts due from the estate of said deceased, with some al- 
lowance to the widow, surmount the moveable part of said es- 
tate the sum of =£39 13 8, lawful money ; praying for liberty 
to sell real estate to pay said sum : Resolved by this Assem- 
bly, that the memorialist have liberty, and she is hereby im- 
powered, to sell so much of the real estate of said deceased as 
to raise money sufficient to pay said sum and the incident 
charges of such sale ; taking the direction of the court of pro- 
bate for the district of New Haven therein. 

Upon the memorial of Samuel Jones, of Stratford in Fair- 
field county, administrator on the estate of James Dunlop late 
of said Stratford, deceased, representingtothis Assembly that 
the debts now due from the estate of said deceased, which 
have been exhibited and allowed by the court of probate for 
the district of Fairfield against said estate since this Assem- 
bly in May last impowered the said administrator to sell part 
of the real estate of said deceased for payment of the former 
debts then appearing due from said estate, do amount to the 
sum of X84 12s. lOd. lawful money; praying for liberty to sell 
so much of the real estate of said deceased as shall be suffi- 
cient to raise said sum with the incident charges of such sale, 
as per memorial on file : Resolved by this Assembly, that the 
said administrator have liberty, and liberty, power and author- 
ity is hereby given to the said Samuel Jones, to bargain, sell 
and convey, so much of the real estate of said deceased as 
shall be sufficient to raise said sum of .£84 12s. lOd. together 
with the incident charges of such sale ; taking the advice of 
the court of probate for the district of Fairfield therein. 

Upon the memorial of Amos Hitchcock, administrator upon 
the estate of Hannah Chidsey late of New Haven, deceased, 
representing to this Assembly that the debts and charges due 
from the estate of said deceased surmount the moveable part 
of said estate the sum of <£10 19s. 9id. lawful money ; pray- 
ing for liberty to sell so much of the real estate as shall be 
sufficient to pay said sum together with the incident charges 
of such sale, as per memorial appears : Resolved by this As- 
sembly, that the memorialist have liberty, and liberty and au- 
thority is hereby granted unto him, to make sale of so much 



1764.] OF CONNECTICUT. 329 

of tlie real estate of said deceased as shall be sufficient to pay 
said sum together with the incident charge of such sale ; taking 
the direction of the court of probate for the district of New 
Haven therein. 

Upon the memorial of Amos Hitchcock, administrator on 
the estate of Dinah Rock, alias Chidsey, late of New Haven, 
deceased, representing to this Assembly that the debts and 
charges due from the estate of said deceased surmount the 
moveable part of said estate the sum of X12 Gs. lOkd. lawful 
money ; praying for liberty to sell so much of the real estate 
of said deceased as shall be sufficient to pay said sum togeth- 
er with the charge of such sale, as per memorial on file ap- 
pears : Resolved by this Assembly, that the memorialist have 
liberty, and liberty and authority is hereby granted unto him, 
to sell so much of the real estate of said deceased as shall be 
sufficient to pay said sum together with the incident charge of 
such sale ; taking the direction of the court of probate for the 
district of New Haven therein. 

Upon the memorial of Elias Lee, administrator on the es- 
tate of William Johnson the 4th, late of VVillington, deceased, 
shewing to this Assembly that the debts, charges and allow- 
ances due from said estate surmount the personal inventoried 
estate of the said deceased the sum of £103 3s. l\d. lawful 
money ; praying for liberty to sell so much of the real estate of 
the said deceased as to raise said sum for the payment of said 
debts, as per memorial on file : Resolved by this Assembly, 
that the memorialist have liberty and he is hereby authorized 
and impowered, to sell so much of the real estate of the said 
deceased as to raise said sum of £103 3s. lid. lawful money, 
for the payment of said debts, together with the necessary 
charges arising on said sale ; taking the direction of the court 
of probate in the district of Stafford therein. 

Upon the memorial of Hannah Torrey, administratrix on 
the estate of Paul Torrey late of Killingly in Windham 
county, deceased, shewing to this Assembly that the debts and 
charges allowed by the court of probate for the district of 
Pomfret against the estate of said Paul Torrey late of Kil- 
lingly, deceased, surmount the pergonal estate of said deceas- 
ed the sum of £14 16 4^, and praying for liberty and au- 
thority to sell so much of the real estate of said deceased as to 
raise said sum of £14 18 4^ and the incident charges arising 
on said sale, as per memorial on file : Resolved by this As- 
sembly, that the memorialist have liberty and she is hereby 
authorized and impowered, to sell so much of the real estate of 
the said Paul Torry, deceased, as to raise the said sum of £14 
42 



330 PUBLIC RECORDS [October, 

18 4|, lawful money, and the necessary charges arising on snch 
sale ; taking the direction of the court of probate for the dis- 
trict of Pomfret thereon. 

[120] Upon the memorial of Moses Frost, of Waterbury in 
the county of New Haven, representing that at the superior 
court holden at Newhaven on the last Tuesday of August, 
1764, he was indicted for the crime of forgery, for altering a 
note of hand in his favour for one pound five sliillings or one 
thousand clnpboards into one pound ten shillings, and was 
thereof convicted by verdict of the jury ; complaining that he 
was convicted upon insufficient evidence, and praying for a new 
tryal &c., as by the memorial on file : Resolved by this As- 
sembly, that said Moses Frost shall have the liberty of a new 
tryal on said indictment at the superior court to be holden at 
Newhaven on the last Tuesday of Februaiy, A. D. 1765, and 
that said Moses Frost be discharged from gaol on his procur- 
ing and giving sufficient bond with sureties, in the sum of fif- 
ty pounds lawful money, to the sheriff of the county of New- 
haven for his appearance at the superior court to lie holden at 
New Haven on the last Tuesday of February, 1765, and for 
his answering to the indictment referred to in said memorial. 

On the memorial of Nathaniel Seeley of Fairfield, captain of 
the east military company in tlie society of North Fairfield, 
shewing to this Assembly that in fixing the southeasterly lim- 
its of said company in the township of Fairfield, the same was 
not extended so far as this Assembly have since extended the 
bounds of said North Fairfield society ; praying that the south- 
easterly bounds of a military company may be made the same 
in the township of Fairfield with the bounds of said society : 
Resolved by this Assembly, that the southeasterly limits of 
said east militai-y company in the society of North Fairfield be 
and the same is hereby extended to and made the same with 
the southeasterly bounds of said society in the town of Fair- 
field. And it is hereby ordered and enacted, that all persons 
living within the limits now added to said company for the fu- 
ture shall be subjected to and perform military duty with said 
east military company. 

Upon the memorial of Jeremiah Everit, administrator on 
the estate of Benjamin Babcock, late of Norwich in New Lon- 
don county, deceased, shewing to this Assembly that the debts, 
charges and necessaries set to the widow and relict of the said 
deceased, and allowed by the court of probate for the district 
of Norwich, surmounts the sum of the inventoried personal es- 
tate of the said deceased the sum of .£87 5 7i, and pray- 
ing for liberty and authority to sell so much of the real estate 



1764.] OF CONNECTICUT. 331 

of said deceased as to enable him to pay and discharge the 
said sum of £bl 5s. 7^d. and the neccssaiy char<i:es arising 
on such sale, as per memorial on file: Resolved by this As- 
sembly, that the memorialist have liberty and he is hereby au- 
thorized and impowered, to sell so much of the real estate of 
the said deceased as to enable him to pay the said sum of £87 
5 7i and the necessary charges arising on such sale ; he tak- 
ing the direction of the court of probate for the district of 
Norwich. 

Upon the memorial of Samuel Abel and Joshua Abel, exec- 
utors of the last will and testament of Samuel Abel late of 
Norwich, deceased, shewing to this Assembly tbat the debts, 
funeral charges and charge of administration, allowed by the 
court of probate for the district of Norwich, surmount the sum 
of the inventoried personal estate of the said deceased £82 
15s. lid., and praying for liberty and authority to sell of the 
real estate of the said deceased sui^cient to pay the said sum 
and the necessary charges arising on such sale, they taking the 
direction of the court of probate &c. : Resolved by this As- 
sembly, that the memorialists have liberty and they are here- 
by authorized and impowered, to sell so much of the real estate 
of the said deceased as to raise the said sum of £32 1.5s. lid. 
and the necessary charges arising on such sale ; they taking 
the direction of the court of probate for the district of Nor- 
wich therein. 

Upon the memorial of Andrew Brewster, administrator 
on the estate of Sarah Brewster late of Norwich in New 
London county, deceased, shewing to this Assembly that the 
debts and charges allowed l)y the court of probate for the 
district of Norwich against the estate of Sarah Brewster late 
of Norwich, deceased, surmount the sum of the inventoried 
personal estate the sum of £18 10s. 9d., and praying to sell 
of the real estate of the said deceased to answer said sum 
and the incident charges arising on said sale, as per memo- 
rial on tile : Resolved by this Assembly, that the memorial- 
ist have liberty and he is hereby authorized and impowered, 
to sell so much of the real estate of said Sarah, deceased, as 
to raise the said sum of £18 10s. 9d. and the necessary 
charges arising on such sale ; he taking the direction of the 
court of probate for the district of Norwich therein. 

Upon the memorial of Moses Webster of Harwinton, 
shewing to this Assembly that in the year 1756, his son, 
Moses Webster jun' of said Harwinton, entered into the 
country service and went into the campaign of that year, and 
on his return home was so worn out by hardship in said ser- 



332 PUBLIC RECORDS [October, 

vice that the said Moses was obliged to go to Albany and 
bring him from thence to his own honse in said Harwinton ; 
and that his said son by reason of said hardship bronght on 
him, by sickness and weakness, by which he languished, and 
after about five years died, during which time the memorial- 
ist was at great charge and expence; praying this Assembly 
to allow him a reasonable sum for said charge and expence : 
Eesolved by this Assembly, that the said Moses Webster have 
paid of the treasury of this Colony for his charge &c. the 
sum of twenty-five pounds in bills of credit ; and the Treas- 
urer is ordered to pay the same accordingly. 

[121] Upon the memorial of Jabez Smith and William 
Moi-gan, both of Groton, shewing to this Assembly that in 
the month of December, 1761, the town of Groton appointed 
Oliver Woodbridge constable of said town for the year then 
ensuing; that he accordingly received a warrant from the 
Treasurer of this Colony for the rate due from the said town 
of Groton to this Colony for the year then next ensuing; 
that said memorialists were bound in a large bond, condi- 
tioned that said Woodbridge should faithfully perfoim said 
service ; that said Woodbridge proceeded and collected part 
of said rates, but before he had finished collecting the same 
became insolvent, and is now unable to compleat the service 
aforesaid ; that the arrears of said rates still uncollected 
amount to the sum of about two hundred and fifty pounds, 
lawful money ; that the said town have no power by law to 
appoint another collector, and praying that some suitable per- 
son might be appointed by this Assembly to collect the 
arrears of said rates, or that in some other way this Assembly 
would grant relief ; as per memorial on file : Resolved by this 
Assembly, that the said town of Groton have liberty, and 
they are hereby impowered, to choose a new collector to 
collect the residue of said rates, in the same manner as is by 
law provided when a collector dies before hi^ year is out ; 
and that said collector shall be responsible to the selectmen 
of said town for such rates as he shall receive to collect, and 
the selectmen shall be accountable for the same to the Colony 
Treasurer. 

Upon the memorial of Mary Mallet and Peter Mallet, botli 
of Stratford in Fairfield county, executors of the last will 
and testament of Peter Mallet late of said Stratford, deceased, 
representing that the debts due from said estate already 
exhibited and allowed by the court of probate do surmount 
the whole inventoried moveable estate of said deceased the 
sum of .£610 5s. Od. money, for payment whereof nothing 



1764.] OP CONNECTICUT. 333 

now is in their hands, nor are they by the will of said 
deceased enabled to raise anything by sale of any part of his 
real estate; praying for liberty to sell so much of the real 
estate of said deceased as may be sufficient to raise said sum 
&c., as per memorial on file: Eesolved by this Assembly, 
that the memorialists have liberty, and liberty and power and 
authority is hereby given to them, to sell and convey so much 
of the real estate of said deceased as shall be sufficient to 
raise said sum of £610 5s. Ot^. money, together with the 
incident charges of such sale; taking the advice of the court 
of probate for the district of Fairfield therein. 

On the petition of Jonathan Sturges, of Fairfield in the 
county of Fairfield, vs. Thadeus Burr, Gershom Burr and 
Eunice Burr, wife of said Thaddeus, and the legal represent- 
atives of Sarah Burr (late of Fairfield, deceased,) all of 
Fairfield aforesaid, as on file : The question was put, 
whether in proceeding to and rendering of the judgment 
complained of in said petition manifest error hath intervened, 
as set forth therein : Resolved by this Assembly in the neg- 
ative. Cost allowed respo7idents is £2 Os. 8d. lawful money. 

On the petition of Gideon Reynolds, Ichabod Ogden and 
Joseph Close, all of Greenwich in the county of Fairfield, vs. 
Jonas Mead of Greenwich aforesaid, as on file : The ques- 
tion was put, whether the pleas offered by the respondent in 
abatement of said petition are sufficient to abate the same : 
Resolved by this Assembly in the affirmative. Cost allowed 
respondent is £2 17 9, lawful money. 

On the petition of Elisha Bigelow, of Hartford in the 
county of Hartford, vs. John Benton of Hartford aforesaid, 
Elizabeth his wife, administratrix on the estate of Josiah 
Bigelow late of said Hartford, deceased, as on file: The 
question was put, whether the pleas offered by the respond- 
ents in abatement of said petition are sufficient to abate the 
same : Resolved by this Assembly in the affirmative. 

On the petition of Enos Benham and Anne his wife, late 
Anne Hulls, (one of the children and heirs of Doct. Jeremiah 
Hulls late of Wallingford in the county of New Haven,) of 
tlie same Wallingford, vs. Samuel Hiccox, George Nickels 
and Stephen Upson jun'', all of Waterbury in said county of 
Newhaven, as on file : The question was put, whether the 
pleas offered by the respondents in abatement of said petition 
are sufficient to abate the same : Resolved by this Assembly 
in the affirmative. Cost alloived respondents is £\ 12 6, 
lawful money. Ex. granted October 2>\st, 1765. 

On the petition of John Abbee, of AVindham in the county 



334 



PUBLIC RECORDS 



[October, 



of Windham, vs. Amos Babcock, of Asliford in said county 
of Windliam, as on file : The question was put, whether the 
pleas offered by the respondent in abatement of this petition 
are sufficient to abate the same : Resolved by this Assembly 
in the affirmative. Cost allowed respondent is £1 13 0, lato- 
ful money. 

On the petition of Samuel Hall, of the parish of New 
Clieshire in the town of Wallingford in the county of New 
Haven, clerk, vs. Samuel Whittelsey of Milford, Chauncey 
Whittelsey and Elisha Whittelsey, of New Haven, Elihu Hall 
of Wallingford and Lois his wife, and James Dana of Wal- 
lingford and Katharine his wife, in the county aforesaid, as 
on file : The question was put, whether the pleas offered by 
the respondents in abatement of said petition are sufficient 
to abate the same : Resolved by this Assembly in the 
affirmative. 

On the petition of Josiah Mead, of Greenwich in the 

county of Fairfield, executor of the last will and testament 

of John Marshal late of said Greenwich, deceased, Micajah 

Marshall, of Cromwel-Bow precinct in Dutchess county and 

Province of New York, vs. John Marshal jun"" of Greenwich 

aforesaid, as on file: The question was put, whether the 

pleas offered by the respondont in abatement of this petition 

are sufficient to abate the same : Resolved by this Assembly 

in the affirmative. Cost allowed respondents is £2 15 4, 

lawful money. 

[122] The Sums Total of the Lists of the Polls and Rateable Estate of 

the Inhabitants of the several Towns in this Colony hereafter 

mentioned sent in to this i^ ssembly are as follow, viz : 

Windham, X 27025 12s. 8c^. Killingworth,X170G2 Zs.XM. 



2 3 



Danbury, 


22449 


12 


lU 


Suffield, 


17133 


7 





New Hartford 


, 5550 


9 





Salisbury, 


11950 


5 


6 


Colchester, 


27398 


14 


6 


Branlbrd, 


22558 


6 


2 


Plainfield, 


11489 


14 





Voluntown, 


10721 


18 





ISymsbury, 


24484 


3 


■0 


Kent, 


12037 








Killingly, 


22617 








East Haddam, 


22892 


12 





Preston, 


21705 


6 


6 


Waterbury, 


25939 


10 


9 


Enfield, 


10180 








Cornwal, 


5678 


11 





Nor walk. 


37336 


13 


11 


Sommers, 


6813 








Ridgefield, 


14900 








Coventry, 


19138 


7 


2 


New Fairfield, 


9285 


5 


9 


Canaan, 


11076 


15 





Stafford, 


7205 


6 





Sharon, 


11785 


6 





Harwinton, 


5367 


6 





Wellington, 


6124 








Lyme, 


24497 


3 


3 


Greenwich, 


19620 


14 


5 


Lebanon, 


36700 


4 


6 


Bolton, 


9021 


3 





Pomfret, 


21255 








Ashford, 


13320 


1 


3 



1764.] 



OP CONNECTICUT. 



335 



Tolland, XI 0872 8^ 

Savbrook, 22474 11 

Derl)y, 14746 9 

Tomngton, 4270 11 

Woodbury, 41367 4 

Durham, 10726 9 

Goshen, 8779 9 

Milford, 26474 10 

New Milford, 18850 11 

New London, 32664 

Windsor, 42633 15 

Mansfield, 17696 15 

Weathersfield, 29875 4 

Litchfield, lfi958 1 

Hebron, 19700 

Hartford, 37939 2 



. 3c?. Stonington, £32720 7s. Gd. 

6 Groton, 23118 11 4 

11 Glastonbury, 14171 7 

Stamford, 30156 17 4 

Woodstock, 16792 

6 Norwich, 57104 3 9 i 

Guilford, 33200 12 7 c 

5i Newtown, 17746 17 7 

6 Fairfield, 58814 5 2 

Farmington, 48774 15 

Haddam, 14605 13 

9 Stratford, 45042 

6 Midletown, 54169 1 

Canterbury, 17096 17 1 

Wallingford, 43062 5 11 

1 New Haven, 54818 15 



New Haven, 

Upon the memorial of Daniel Bissel, John Palmer jun"" and 
Jerusha his wife, all of Windsor, which said Daniel and 
Jerusha are sole executors of the last will and testament of 
Capt. Joseph Wadsworth of said Windsor, late deceased, re- 
presenting that the testator by his last will ordeied and 
directed that his said executors should bring up to the col- 
lege his only son and child, Joseph Wadsworth, to whom he 
devised the residuaries of his estate after his just debts and 
sundry legacies to the said Jerusha, who was then his wife, 
should be paid ; that there remained of the clear personal 
estate of said testator no more than £114 11 7 old tenour ; 
that the said Jerusha had expended of her own monies for 
the education of said Jose])h the son, who is now in his third 
year at college, £267 3s. Od. old tenour, and £88 14s. Id. 
lawful money, which surmonnted the clear personal estate of 
said testator, reckoning old tenour 10 for 1, the sum of £73 
19s. Sd. lawful money, which is due to said Jerusha; praying 
for liberty to make sale of some part of the real estate of 
(123J said deceased given in said will to his son || Joseph, for 
reimbursing said sum due to said Jerusha and for the further 
expence of carrying said Joseph through college &c. : Re- 
solved by this Assembly, that the said Daniel Bissel be ap- 
pointed and he is hereby appointed and impowered, to make 
sale of so much of the real estate of said testator given to his 
said son Joseph as shall procure the sum of £160 Os. Od. 
lawful money, to be improved for the purposes aforesaid; tak- 
ing the advice of the court of probate for the district of Hart- 
ford therein. 

Upon the memorial of Joshua Dart and John Gilbert, ad- 



33G PUBLIC RECORDS [October, 

iniiiistrators on the estate of Ebenezer Shailer, late of Bolton 
in tlie district of Hartford, deceased, shewing to this Assem- 
bly by a certificate from the clerk of probate that the debts 
and charges due from the estate of said deceased for whicli 
no grant lor sale of real estate hath been heretofore made 
surmounts the moveable estate of said deceased the sum of 
£14 10s. 91^. lawful money ; praying this Assembly to ap- 
point the memorialists, or some other person, to sell so much 
of the real estate of said deceased as will raise said sum of 
£14 10s. 9ld. lawful money, for the payment of said debts, 
together with incident charges of sale, taking the direction of 
the court of probate for the district of Hartford therein, as 
by memorial on file : Resolved by this Assembly, that the 
memorialists have liberty, and autliority is hereby granted to 
them, the said memorialists, to sell so much of the real estate 
of the aforesaid Ebenezer Shailer, deceased, as to raise said 
sum of £14 10s. 9fc?. lawful money, together with the inci- 
dent charges of sale ; taking the direction of the court of 
probate in the district of Hartford therein. 

On the memorial of David Goff and Mary Goff, alias Mary 
Nash, administrators on the estate of John Nash late of 
AVindsor, deceased, for liberty to sell of the real estate of 
said deceased to the value of £56 9s. Id. lawful money, for 
the payment of the debts and charges due from said estate <fec. : 
Resolved by this Assembly, that the memorialists have lib- 
erty, and it is hereby granted to them, to sell so much of the 
real estate of the said John Nash of Windsor, deceased, as 
will procure the sum of £56 9 7, lawful money, with the 
necessary cliarges of sale ; taking the advice of the court of 
probate in the district of Hartford therein. 

Whereas Daniel Porter, of Waterbury in the county of 
Newhaven, being recognized to appear before this Assembly 
to answer to the complaint of the grandjurors of the said town 
of W^aterbury, accusing the said Porter with uttering re- 
proachful words and expressions relative to some of the laws 
of tliis Colony, and the aforesaid Porter accordingly appear- 
ing before this Assembly confessed that he uttered the \7ords 
alledged in said complaint, but representing that it was only the 
effects of sudden passion, and that he was heartily grieved 
and afflicted for his misconduct therein, and retracted the 
same, begging pardon and promising reformation ; praying 
for the forgiveness of this Assembly : It is thereupon re- 
solved by this Asseml)ly, that the aforesaid Daniel Porter be 
and he is hereby discharged from the prosecution aforesaid, 
upon paying the cost of the same. Cost allowed is £15 3, 
laivful money. 



17G4.] OP CONNECTICUT. 337 

On the report of the committee appointed to liquidate and 
settle the accounts of building and finishing tlie new State 
House at New Haven : Resolved by this Assembly, that the 
Treasurer of this Colony be ordered, and he is hereby ordered 
and directed, to pay out of the Colony treasury to the com- 
mittee appointed by the county of Newhaveii to carry on and 
compleat the building said house, or their order, the sum of 
nine hnndred and seven ponnds nine shillings and three far- 
tliings, in bills of credit on this Colony ; it being the full bal- 
ance on the part of this Colony of the one moiety or half 
part of the sum total of the cost and charge expended in 
building and compleating said house, as settled by said com- 
mittee. 

Upon the representation made to this Assembly by Increase 
Moseley and BushnelBostwick, Esq''^ that they together with 
Isaac Baldwin, Esq^were appointed by this Assembly in May 
last, to enquire into the accounts of the managers of the 
Housatunuck River Lottery, and also to enquire into the 
estate of William Tanner, deceased, &c., and that they have 
found the accompts of five of said managers, but have not 
been able to enquire into the accompts of Jehiel Hawley, one 
of said managers, he being removed out of this government, 
and that they have not been able to make a full enquiry into 
the estate of William Tanner, deceased, and shewing to this 
Assembly that it is highly probable that they can account 
with the said Hawley in a short time, and also that their need 
of a further enquiry into the estate of the said William Tan- 
ner, deceased : It is therefore resolved by this Assembly, 
that said Increase Moseley, Bushnel Bostwick and Isaac Bald- 
win, Esq'"% be further appointed and impowered, to look into 
the accompts of said managers, particularly the said Jehiel 
Hawley, and that they be fully impowered to examine and 
enquire fully into the estate of the said William Tanner, 
deceased, and summon what evidence they shall think proper 
to give evidence thereof, and make their report to this Assem- 
bly at Hartford in May next. 

[124] Resolved by this Assembly, That the Treasurer of 
this Colony be and he is hereby directed to attend on this As- 
sembly on Tuesday the 30th of instant October, (and also 
bring with him a sufficient quantity of the bills emitted by 
this Colony,) to pay the members thereof. 

This Assembly do appoint Ebenezer Backus, Esq^, to be a 
Justice of the Quorum for the county of New London until 
the first day of June next. 

43 



338 PUBLIC RECORDS [October, 

This Assembly appoints Barnabas Hinsdell of Hartford 
Surveyor of Lands for the county of Hartford. 

This Assembly appoints Seth Wetmore jun'", of Midletown, 
Surveyor of Lands for the county of Hartford. 

This Assembly do appoint Mr. Giles Hall of Wallingford 
Surveyor of Lands for the county of Newhaven. 

This Assembly do appoint Mr. Paul Wheeler of Stoning- 
ton a Surveyor of Lands for the county of New London, 

This Assembly do appoint Mr. Judah Kellogg of Stratford 
Surveyor of Lands for the county of Fairfield. 

This Assembly do appoint Mr. Benjamin Huntington of 
Windham Surveyor of Lands for the county of Windham. 

This Assembly grants to his Honour the Governor the sum 
of £1Q 16 2, for his service in drawing bills of exchange 
on the Colony's Agent in London for the sum of £ 2304*2 7 
6, sterling, since the 5th of June last to the 31st of October 
instant inclusive ; and the Treasurer of this Colony is hereby 
directed to pay the same accordingly. 

This Assembly grants to his Honour the Governor, for his 
salary the last half of the current year, the sum of one hun- 
dred and fifty pounds ; and the Treasurer is hereby directed 
to pay the same accordingly. 

This Assembly grants to his Honour the Deputy Governor, 
for his salary the last half of the current year, the sum of 
fifty pounds ; and the Treasurer is hereby directed to pay the 
same accordingly. 

Resolved by this Assembly, That Major David Baldwin pay 
and deliver to the Treasurer of this Colony the sum of forty- 
two pounds five shillings and ten pence, money, which is the 
balance due to the Colony on an account settled with him by 
a committee from this Assembly, and take two receipts of the 
Treasurer and lodge one of them with the Secretary. 

Resolved by this Assembly, That the Treasurer of the Col- 
ony be and he is hereby ordered and directed to pay out of 
the Colony Treasury to Mr. Timothy Green, printer, the sum 
of ^11 2 6, in bills of credit of this Colony, in full for ser- 
vices done by him for said Colony. 

Resolved by this Assembly, That the Treasurer of this Col- 
ony pay out of the Colony treasury in bills of credit to Ben- 
jamin Mecom of Newhaven, printer, the sum of <£16 13s. 
Od. for printing sundry pamphlets and proclamations and 
other services done for this Colony. 

This Assembly is adjourned until the Governor, or in his 
absence the Deputy Governor, shall see cause to call it to meet 
again. Teste George Wyllys, Secret'ry. 



1764.] 



OF CONNECTICUT. 



339 



An Account of the Sums emitted in Paper Bills by the Colony of Con- 
necticut since Jan'y, 1749, and the Amount in Money of Great Britain, 
the Time fixed for calling in, sinking and discharging said Bills, and 
Funds appropriated for that Purpose 
Sums The amount Times When Funds 

emitted. in Sterling, when issued. payable. appropriated. 

7500 is 5625 January 1755. May, 1758. Tax, 2d. 

August, 1760. 



30000 23500 August, 1755. 



12000 
30000 
20000 
40000 
10000 
70000 



9000 
23500 
15000 
30000 

7500 
52500 



October, 1755. 
March, 1758. 
FebV, 1759. 
March, 1759. 
May. 1759. 
March, 1760. 



April, 1760. 
May, 1763. 
May, 1763. 
March, 1764. 
May, 1763. 
March, 1765. 



45000 33750 March, 1761. March, 1766. 
65000 48750 March, 1762. March, 1767. 



Tax M. I 

M.. \ 
Tax 3d. 
Tax Sd. 
Tax 5^. 
Tax lOd. 
Tax 2id. 
Tax 6d. 

9d. 
Tax 5rt;. 

7d 
Tax 6d. 

Sd. 
Tax 2d. 
Tax lid. 



M 

n 



To be paid in 
to the Treasury. 

August, 1757, 
j August, 
( April, 

August, 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 

Decemb. 



1759. 
1760. 
1759. 
1761. 
1762. 
1763. 
1762. 
1761. 
1764. 
1763. 
1765. 
1764. 
1766. 
1764. 
1767. 



A tax of one penny on the pound raises about five thousand 



10000 7500 May, 1763. May, 1765. 
7000 5250 March, 1764. March, 1768. 

N.B. 
pounds 

The committee appointed by the General Assembly of Connecticut hav- 
ing with great care and exactness prepared the above accompt in order to 
be transmitted to the Right Hon"' the Lords Commissioners for Trade 
and Plantations, in obedience to their order signified by their letter of 
11th May, 1764, beg leave to observe, that the bills abovementioned are of 
the tenour of promissory notes of hand payable to the possessor by the 
Treasurer of the Colony with an interest of £5'^ct. "^ annum from the 
date ; that their value has remained invariable, permanent and stable, and 
that the funds appropriated for calling in, sinking and discharging said 
sums emitted are a tax or assessment levied on the polls and other rateable 
estate, consisting of houses, lands, cattle and other personal estate, a list 
whereof is annually taken in the respective towns, under the inspection 
and examination of men specially by each town chosen thereunto and 
sworn, and bj^ them annually returned to the General Assembly ; and that 
the sums which have been granted by Parliament as a compensation to 
the Colony have been improved for the paying, sinking and discharging 
said emissions, which were issued for the service of the war and the exi- 
gencies thereof ; and that the enumerated emissions (save only some small 
sums of 1761,) antecedent to that of March, 1762, are called in, sunk and 
discharged. 

All which is humbly submitted by Your Honors humble servant. 
Signed per order, Eliph't Dyer. 

Gen' Assemblj' Oct. 1764, in the Upper House, 

The foregoing Report of the Committee is accepted and approved. 

Test. George Wyllys, Secret'y, 
Concurr'd in the Lower House. 

Test. "Wm. Pitkot jun., Clerk. 

Finance & Currency, v. doc. 5. 



ants. 



340 PUBLIC RECORDS [May, 



[126] Anno Regni Regis Georgii tertii quinto. 
At a General Assembly of the Governor and Company 
OF HIS Majesty's English Colony of Connecticut in New 
England in America holden at Hartford in said Colony 
ON the second Thursday of May (being the ninth day of 
said month,) and continued by several adjournments un- 
til the [third] day of June next following, annoque 
Domini 17G5. 

Present : 

The Honorable Thomas Fitch, Esq'', G-overnor. 

The Honorable WilUani Pitkin, Esq"", Deputy Governor. 
Ebenezer Silliman, Esq"", Jabez Hamlin, Esq^, ^ 
Jonathan Trumble, Esq"", Mathew Griswold, Esq^, | 
Hezekiah Huntington, Esq^, Shubael Conant, Esq"^, [^Assist- 
Jolin Chester, Esq'', Elisha Sheldon, Esq"^, 

Benjamin Hall, Esq"", Eliphalet Dyer, Esq% 

Daniel Edwards, Esq"^, Jabez Huntington, Esq"",^ 

Represe7itatives or Deputies who attended this Assembly are 

as follow, (viz :) 
Colo. William Pitkin, Colo. Samuel Talcott, for Hartford. 
Mr. Roger Sherman, Mr. Samuel Bishop junr, for New Haven. 
Capt. Pygan Adams, Mr. William Hilhouse, for New London. 
Mr. David Rowland, Capt. David Burr, for Fairfield. 
Mr. Nathaniel Wales, Mr. Hezekiah Manning, for Windham. 
Colo. Ebenezer Marsh, Capt. Isaac Baldwin, for Litchfield. 
Mr. Daniel Lothrop, Mr. Samuel Huntington, for Norwich. 
Colo. Jonathan Hoit, Mr. Abraham Davenport, for Stamford. 
Capt. Abel Merrels, Capt. Mathew Gillet, for New Hartford. 
Capt. Joseph Denison, Mr. Charles Phelps, for Stonington. 
Capt. Zebulon West, Mr. Elijah Chapman, for Tolland. 
Mr. Richard Fairman, Capt. Henry Glover, for Newtown. 
Mr. William Noyes, Mr. Samuel Selden, for Lyme. 
Mr. Jonathan Dresser, Mr. Samuel Craft, for Pomfret. 
Capt. Jabez Fitch, Mr. Daniel Tyler, for Canterbury, 
Capt. James Bradford, Capt. Isaac Coit, for Plainfield. 
Major Hez'' Brainerd, for Haddam. 
Mr. Daniel Brainerd, for East Haddam. 
[127] Mr. Solomon Whitman, Mr. Jonathan Root, for Far- 

mington. 
Capt. Nehemiah Lyon, Mr. Ebenezer Smith jsfor Woodstock. 
Capt. John Benedict, Mr. Sam' Dickingson, for Danbury. 
Mr. John Gordon, Mr. Moses Kinney, for Voluntown. 
Capt. John Murdock, for Saybrook. 
Mr. Joseph Hopkins, Capt. Timothy Judd, for Waterbury. 



1765.} OP CONNECTICUT. 341 

Capt. Thomas Russel, Mr. Joshua Pierce, for CornwalL 

Capt. Will. Sam' Jolinsoii, Mr. Joseph Curtiss, for Stratford. 

Colo. Elihu Cliauncey, Capt. James Wadsworth, for Durham. 

Mr. John Kimberly, Mr. WilKam AVellcs, for Glastonbury. 

Mr. Benja. Stephens, Mr. Timothy Hurlburt, for Canaan. 

Capt. Abner Barker, Mr. Moses Holmes, for Wellington. 

Mr. Phineas Strong, Mr. Ephraim Root, for Coventry. 

Capt. Thomas Hobby, Capt. Jabez Mead, for Greenwich. 

Capt. John W^illiams, Capt. Caleb Jewet, for Sharon. 

Mr. Seth Wetmore, Mr. Richard Alsop, for Midletown. 

Mr. William Barns, for New Fairfield. 

Mr. Thomas Fitcli j"", Mr. Joseph Piatt, for Norwalk. 

Mr. Mathw Rockwell, Mr. Henry Allyn, for Windsor. 

Capt. Elisha Williams, Capt. Thomas Belding, for Weathers- 
field. 

Colo. Timothy Stone, Mr. Nathaniel Hill, for Guilford. 

Capt. Daniel Catlin, for Harwinton. 

Mr. Amos Babcock, Capt. Jedediah Fay, for Ashford. 

Mr. Benjamin Gale, Capt. John Pierson, for Killingworth. 

Mr. Bryant Brown, Mr. Ebenezer Learned, for Killingly. 

Capt. William Hoadly, Mr. Josiah Rogers, for Branford. 

Mr. Bushnel Bostwick, Capt. Samuel Canfield, for New Mil- 
ford. 

Capt. Tho^ Chittinden, Mr. Joshua Porter, for Salisbury. 

Capt. John Fowler, Capt. Thomas Clark, for Milford. 

Capt. Moses Fish, Capt. Benadam Gallop, for Groton. 

Capt. Samuel Gilbert, Mr. John Plielps, for Hebron. 

Capt. Dudley Wright, Mr. Daniel Foot, for Colchester. 

Mr. Daniel Sherman, Mr. Increase Moseley, for Woodbury. 

Capt. Thomas Pitkin, for Bolton. 

Mr. Benjamin Chaplin, Mr. William Hall, for Mansfield. 

Capt. Isaac Pinney, Capt. Samuel Daviss, for Stafford. 

Mr. Timothy Keeler, for Ridgefield. 

Mr. Charles French, Mr. Joseph Hull, for Derby. 

Capt. Moses Lyman, Mr. Ebenezer Norton, for Goshen. 

Mr. Simeon Hathaway, Mr. Daniel Austin, for Suffield. 

Capt. William Winter, for Preston. 

Majr Elihu Hall, Mr. Titus Brocket, for Wallingford. 

Mr. John Cook, Mr. Jonathan Coe, for Torrington. 

Mr. Edward Collins, Capt. Joseph Olmstead, for Enfield. 

Capt. Joshua West, Mr. William Williams, for Lebanon. 

Mr. Amory Pease, for Somers. 

Capt. Jonath. Pettibone, ^Ir. Rez^ Humphrey, for Symsbury. 

Mr. Cyrus Marsh, Mr. Ephraim Hubbel jun"", for Kent. 

Mr. Abraham Davenport, Speaker ) of the House of 
Colo. William Pitkin, Clerk ) Representatives. 



342 PUBLIC RECORDS [May, 

This day being appointed by the royal charter and the laws 
of this Colony for the Election of the public officers of the Col- 
ony, viz : Governor, Deputy Governor, Assistants, Treasur- 
er, and Secretary, proclamation was made, and then the votes 
of the freemen were given in to the persons appointed by the 
Governor, Council and Representatives, to receive, sort and 
[128] count them; which persons were, || Hezekiah Hunting- 
ton, John Chester, Benjamin Hall, Daniel Edwards, Jabez 
Hamlin, Mathew Griswold, Shubael Conant, Eliphalet Dyer, 
Jabez Huntington, Esqf's, Colo. Samuel Talcott, Mr. Seth Wet- 
more, Maj'" Elihu Hall, Mr. Daniel Lothrop, Mr. Samuel Bish- 
op, Capt. Samuel Murdock, Capt. David Burr, Capt. William 
Samuel Johnson, Capt. Jabez Fitch, Capt. Joshua West, Colo. 
Ebenezer Marsh, and Mr. Bushnel Bostwick, who were all 
sworn to a faithful discharge of that trust. And the freemen's 
votes being brought in, sorted and counted. 

The Honorable Thomas Fitch, Esq"^, is chosen Governor of 
this Colony for the year ensuing. 

The Honorable William Pitkin, Esq'', is chosen Deputy 
Governor of this Colony the year ensuing. 

Ebenezer Silliman, Esq'^, Jonathan Trumble, Esq^ Hezekiah 
Huntington, Esq"^, John Chester, Esq% Benjamin Hall, Esq"^, 
Daniel Edwards, Esq"", Jabez Hamlin, Esq'', Mathew Griswold, 
Esqr, Shubael Conant, Esqs Elisha Sheldon, Esq"", Eliphalet 
Dyer, Esq% and Jabez Huntington, Esq"", were chosen Assist- 
ants for the year ensuing. 

Joseph Talcott, Esq"", is chosen Treasurer of this Colony for 
the year ensuing. 

George Wyllys, Esq"", is chosen Secretary of this Colony for 
the year ensuing. 

The Governor's oath prescribed by the law of this Colony, 
and the oath required by the act of Parliament made and pass- 
ed in the fourth year of the reign of his Majesty George the 
3d, entituled An act for granting certain duties in the British 
Colonies and Plantations in America,* &c., were taken by the 

*4 Geo. iii, cap. xv. An Act for granting certain duties in the British. 
Colonies and Phmta'tions in America ; for continuing, amending and making 
perpetual an act passed in the sixth year of the reign of his late Majesty 
King George the second, (intituled An act for the better securing and en- 
couraging the trade of his Majesty's sugar colonies in America ;) for apply- 
ing the produce of such duties, and of the duties to arise by virtue of the 
said act, towards defraying the expences of defending, protecting and se- 
curing the said colonies and plantations; for explaining an act made in the 
twenty-fifth year of the reign of King Charles the second, (intituled An 
act for the encouragement of the Greenland and Eastland trades, and for 
the better securing the plantation trade;) and -for altering and disallowing 
several drawbacks on exports from this kingdom, and more effectually 
l^reventing the clandestine conveyance of goods to and from the said colo- 
nies and plantations, and improving and securing the trade between the 
same and Great Britain. 



1765.] OP CONNECTICUT. 343 

Hon^''^ Thomas Fitch, Esq"", now chosen Governor, in tlie 
presence of the Council and Assembly. 

The Deputy Governor's oath prescribed by law was admin- 
istered by his Honour the Governor to the Hon^''" William 
Pitkin, Esq"", now chosen Deputy Governor, in the presence of 
the Assembly. 

The Assistant's oath prescribed by law was administered 
by his Honor the Governor to Ebenezer Silliman, Jonathan 
Trumble, Hezekiah Huntington, John Chester, Benjamin 
Hall, Daniel Edwards, Jabez Hamlin, Mathew Griswold, 
Shubael Conant, Elisha Sheldon, Eliphalet Dyer and Jabez 
Huntington, Esq''% now chosen Assistants over this Colony. 

The Treasurer's oath prescribed by law was administered 
to Joseph Talcott, Esq'', now chosen Treasurer of this Colony. 

The Secretary's oath prescribed by the law of this Colony 
was administered by his Honour the Governor to George 
Wyllys, Esq'', now chosen Secretary, in the presence of the 
Assembly. 

Ordered, That Daniel Edwards and Samuel Talcott, Esq", 
return the thanks of this Assembly to the Reverend Mr. 
Edward Dorr, for his sermon delivered before this Assembly 
on the 9th instant, and desire a copy thereof that it may be 
printed. 

This Assembly do appoint the Honorable William Pitkin, 
Esq"", to be Chief Judge of the Superior Court in this Colony 
the year ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq"^, Daniel 
Edwards, Esq"", Benjamin Hall, Esq% and Robert Walker, Esq"", 
to be Judges of the superior court in this Colony for the year 
ensuing. 

This Assembly do appoint Jabez Hamlin, Esq', to be Judge 
of the County Courts in and for the county of Hartford for 
the year ensuing. 

This Assembly do appoint Roger Newton, Esq"^, to be Judge 
of the County Court in and for the county of New Haven 
for the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq^ to 
be Judge of the County Courts in and for the county of New 
London for the year ensuing. 

This Assembly do appoint David Rowland, Esq'', to be 
Judge of the County Court in and for the county of Fairfield 
for the year ensuing. 

[129] This Assembly do appoint Jonathan Trumble, Esq"", 
to be Judge of the County Court in and for the county of 
Windham for the year ensuing. 



344 PUBLIC RECORDS [May, 

Tills Assembly do appoint John Williams, Esq'^, to be Judge 
of the County Court in and for the county of Litchfield for 
the year ensuing. 

This Assembly do appoint Daniel Edwards, Esq'^, to be 
Judge of the Court of Probate for the district of Hartford for 
the year ensuing. 

This Assembly do appoint John Hubbard, Esq"", to be Judge 
of the Court of Probate in and for the district of New Haven 
for the year ensuing. 

This Assembly do appoint Gurdon Saltonstall, Esq'^, to be 
Judge of the Court of Probate in and for the district of New 
London for the year ensuing. 

This Assembly do appoint David Rowland, Esq"", to be Judge 
of the Court of Probate in and for the district of Fairfield 
for the year ensuing. 

This Assembly do appoint Jonathan Trumble, Esq'', to be 
Judge of the Court of Probate in and for the district of 
Windham for the year ensuing. 

This Assembly do appoint Jabez Fitch, Esq% to be Judge 
of the Court of Probate in and for the district of Plainfield 
for the year ensuing. 

This Assembly do appoint Timothy Stone, Esq% to be 
Judge of the Court of Probate in and for the district of 
Guilford for the year ensuing. 

This Assembly do appoint Daniel Sherman, Esq'', to be 
Judge of the Court of Probate in and for the district of 
Woodbury for the year ensuing. 

This Assembly do appoint Jonathan Hoit, Esq"", to be Judge 
of the Court of Probate in and for the district of Stamford 
for the year ensuing. 

This Assembly do appoint Joseph Spencer, Esq"", to be Judge 
of the Court of Probate in and for the district of East Had- 
dam for the year ensuing. 

This Assembly do appoint Ebenezer Marsh, Esq"", to be 
Judge of the Court of Probate in and for the district of Litch- 
field for the year ensuing. 

This Assembly do appoint Thomas Benedict, Esq"", to be 
Judge of the Court of Probate in and for the district of Dan- 
bury for the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq , to be 
Judge of the Court of Probate in and for the district of Nor- 
wich for the year ensuing. 

This Assembly do appoint Jabez Hamlin, Esq"", to be Judge 
of the Court of Probate in and for the district of Midletown 
for the year ensuing. 



1765.] OP CONNECTICUT. 345 

This Assembly do appoint Ebenezer Williams, Esq% to be 
Judge of the Court of Probate in and for the district of Pom- 
fret for the year ensuing. 

This Assembly do appoint John Williams, Escf , to be Judge 
of the Court of Probate in and for the district of Sharon for 
the year ensuing. 

This Assembly do appoint Zebulon West, Esq"", to be Judge 
of the Court of Probate in and for the district of Stafford for 
the year ensuing. 

This Assembly do appoint William Wolcott, Zebulon West, 
Seth Wetmore and Samuel Talcott, Esq''% to be Justices of the 
Peace and Quorum in and for the county of Hartford the year 
ensuing. 

This Assembly do appoint Thomas Welles, Phineas Lyman, 
Joseph Fowler, George Wyllys, Joseph Talcott, John Ledyard, 
Thomas Hosmer, Jonathan Hills, Thomas Seymour, John Pit- 
kin, Jonathan Belding, Elisha Williams, Daniel Bissel, Sam- 
uel Enno, Erastus Wolcott, Josiah Bissel, Henry Allyn, Joseph 
White, Joseph Southmaid, Mathew Talcott, John Hooker, 
Solomon Whitman, Jared Lee, Hezekiah Gridley, Joseph 
Hart, John Strong, John Owen, Judah Holcomb, Jonathan 
Pettibone, Hezekiah Humphrey, Samuel Kent, Hezekiah 
Brainerd, Joseph Wells, Jonathan Hale, John Kimberly, 
William Welles, Joseph Spencer, Daniel Cone, Daniel Brain- 
erd juni", Epaphras Lord, John Watrous, Daniel Foot, John 
Phelps, Alexander Phelps, Thomas Pitkin, Benjamin Talcott, 
Elisha Steel, Ephraim Terry, Isaac Pinney, Samuel Reynolds, 
Abner Barker, William Wadsworth, and Joseph Olmstead, 
Esq'^% to be Justices of the Peace in and for the county of 
Hartford for the year ensuing. 

This Assembly do appoint Mr. Nathaniel Chauncey to be a 
Justice of the Peace in and for the county of Hartford for 
the year ensuing. 

[130] This Assembly do appoint John Hubbard, Elihu 
Chauncey, Timothy Stone and Thomas Darling, Esq''^, to be 
Justices of the Peace and Quorum in and for the county of 
Newhaven for the year ensuing. 

This Assembly do appoint Samuel Sherman, John Whiting, 
Samuel Sacket, Daniel Lyman, Samuel Hemingway, Roger 
Newton, Robert Treat, Nathan Baldwin, Joseph Woodruff, 
John Fowler, Timothy Russel, Daniel Holbrook, Charles 
French, Thomas Mathews, Joseph Hopkins, Caleb Humiston, 
Timothy Judd, Jonathan Russel, Josiah Rogers, Samuel 
Barker, William Hoadly, Theophilus Rossiter, Samuel Rob- 
inson, Nathaniel Ruggles, Nathaniel Hills, Josiah Meiggs, 

44 



346 PUBLIC RECORDS [May, 

James Wadsworth jun'', Eliliu Hall, Ezekiel Royce, John 
Hall 2d, Caleb Menimaii, Bciijamiii Hall 4th, Jared Inger- 
soll, and Roger Sherman, Esq'"^ to be Justices of the Peace 
in and for the county of New Haven for the year ensuing. 

This Assembly do appoint Christopher Avery, Richard 
Lord, Pygan Adams and Ebenezer Backus, Esqfs, to be 
Justices of the Peace and Quorum in and for the county of 
New London for the year ensuing. 

This Assembly do appoint Benjamin Gale, Elnathan Ste- 
phens, Aaron Eliot, Joseph Wilcox, John Pierson, Nathaniel 
Clark, John Tulley, Hezekiah Whittelsey, John Murdock, 
Samuel Ely, John Lay 2d, Benjamin Lee, George Dorr, Sam- 
uel Selden, John Richards, Daniel Coit, William Hilhouse, 
Luke Perkins, William Williams, Ebenezer Avery, Nathan 
Smith, Joseph Denison, Samuel Perkins, Amos Cheesbrough, 
John Williams, Charles Phelps, Samuel Morgan, Samuel 
Coit, William Wittar, Humphrey Avery, William Whiting, 
Ebenezer Hartshorn, Jacob Perkins, Simon Tracey jun"", 
Samuel Huntington and William Noyes, Esq^^, to be Justices 
of the Peace in and for the county of New London for the 
year ensuing. 

This Assembly do appoint Jonathan Hoit, Samuel Fitch, 
John Read and Abraham Davenport, Esqf% to be Justices of 
the Peace and Quorum in and for the county of Fairfield for 
the year ensuing. 

This Assembly do appoint David Rowland, Robert Fair- 
child, Robert Walker, Agur Tomlinson, Theophilus Nickols, 
Samuel Adams, Ichabod Lewiss, James Walker, William 
Burr, Lothrop Lewiss, Tliomas Hill, David Burr jun^ Moses 
Dimon, Samuel Sherwood, Joseph Piatt, Thomas Fitch jun% 
Theophilus Fitch, Elias Betts, Jonathan Maltbie, John Ferriss, 
Peter Mead, Samuel Olmstead, Samuel Smith, Thomas Bene- 
dict, Joseph Platt-Cook, Ephraim Hubbel, Caleb Baldwin, 
Richard Fairman, William Samuel Johnson, and Samuel 
Taylor, Esq''^ to be Justices of the Peace in and for the 
county of Fairfield for the year ensuing. 

Tbis Assembly do appoint Shubael Conant, Esqi", a Justice 
of the Quorum for the county of Windham the year ensuing. 

This Assembly do appoint John Dyer, Jabez Fitch, and 
Joshua West, Esq^^ to be Justices of the Peace and Quorum 
in and for the county of Windham for the year ensuing. 

This Assembly do appoint Jonathan Huntington, Nathan- 
iel Huntington, Samuel Gray, Jedidiali Elderkin, Nathaniel 
Wales jun'', Joseph Clark, William Metcalf, William Wil- 
liams, Joseph Storrs, Joseph Strong, Pliineas Strong, Samuel 



1765.] OP CONNECTICUT. 347 

Huntintgon of Canterbury, John Curtiss, Benjamin Wlieelcr, 
Isaac Coit. John Smith, Robert Dixon, Jeremiah Kinnee, 
Samuel Danielson, Jacob Dresser, Thomas Moffat, Ebenczer 
Williams, William Osgood, Thomas Williams of Pomfret, 
John Grosvenor, Samuel Chandler, Nathaniel Child, El)enezer 
Smith jun"", Elijah Whiton, Ebenezer Wales, and Benjamin 
Sumner, Esqr«, to be Justices of the Peace in and for the 
county of Windham for the year ensuing. 
' This Assembly do appoint Ebenezer Marsh, Increase 
Moseley, Daniel Sherman and Bushnel Bostwick, Esqi's, to be 
Justices of the Peace and Quorum in and for the county of 
Litchfield for the year ensuing. 

This Assembly do appoint John Williams, Timothy Collins, 
Isaac Baldwin, Jacob Woodruff, Daniel Everit, Elisha Stod- 
dard, Benjamin Hinman, Tilley Blakeley, Paul Welch, Sam- 
uel Bostwick, John Ransom, Daniel Lee, Nathan Eliot, Cyrus 
Marsh, Daniel Griswold of Sharon, James Landon, John 
Hutchinson, David Whitney, John Bebee, John Beach, 
Moses Lyman, Samuel Nash, Thomas Russell, Cyprian Web- 
ster, Abijah Catlin, Isaac Kellogg, Mathew Gillet, John Cook, 
Epaphras Sheldon, and Michael Humphrey, Esqi's, to be 
Justices of the Peace in and for the county of Litchfield for 
the year ensuing. 

This Assembly do appoint Jabez Huntington, Esq'', to be 
Lieutenant-Colonel of the third regiment of the militia in this 
Colony. 

This Assembly do appoint Mathew Griswold, Esq"", to be 
Major of the third regiment of the militia in this Colony. 

This Assembly do establish Mr. Joseph Brownson to be 
Captain of the 2d company or trainband in the first society 
in the town of Waterbury. 

[131] This Assembly do establish Mr. William Hickcox to 
be Lieutenant of the second company or trainband in the 
1st society in the town of Waterbury. 

This Assembly do establish Mr. Aaron Harrison to be 
Ensign of the second company or trainband in the 1st society 
in the town of Waterbury. 

This Assembly do establish and confirm Mr. Jonas Frink 
to be Ensign of the 2d company or trainband in the town of 
Preston. 

This Assembly do establish Mr. Elijah Tisdale to be Cap- 
tain of the first company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Walter Hide to be Lieu- 



348 PUBLIC RECORDS [May, 

tenant of the first company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. James Clark to be Ensign 
of the first company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. William Matson to be 
Ensign of the 5th company or trainband in Lyme, in the 3d 
regiment in this Colony. 

This Assembly do establish Mr. Abner Lee to be Captain^ 
of the south company or trainband in the town of Lyme. 

This Assembly do establish Mr. Henry Champion jun"" to 
be Lieutenant of the south company or trainband in the town 
of Lyme. 

This Assembly do establish Mr. Richard Wait jun'" to be 
Ensign of the south company or trainband in the town of 
Lyme. 

This Assembly do establish Mr. Nathan Morehouse to be 
Ensign of a company or trainband in the parish of Norfield 
in the town of Fairfield, in the 4th regiment in this Colony. 

This Assembly do establish Mr. David Cooley to be Lieu- 
tenant of a company or trainband in the parish of Norfield 
in the town of Fairfield, in the 4th regiment in this Colony. 

This Assembly do establish Mr. Jabez Edgerton to be Cap- 
tain of the 9th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Amos Richardson to be 
Lieutenant of the 9th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Thomas Brown to be 
Ensign of the 9th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Samuel Gates 2d to be Cap- 
tain of the first troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Israel Wyat Wells to be 
Cornet of the first troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Ichabod Olmstead to be 
Quarter-Master of the 1st troop of horse in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Joseph Wilson to be Cap- 
tain of the westermost company or trainband in the town of 
Greenwich in the 9th regiment in this Colony. 

This Assembly do establish Mr. Joseph Sandford to be 
Quarter-Master of the 2d troop of horse in this Colony. 



1765.] OF CONNECTICUT. 349 

This Assembly do establish Mr. John Noyes Wadsworth to 
be Lieutenant of the south company or trauiband in the town 
of Lyme. 

This Assembly do establish Mr. Eliakim Strong to be 
Ensign of the south company or trainband in the town of 
Durham. 

This Assembly do establish Mr. Joseph Eaton to be Cap- 
tain of the troop of horse in the 11th regiment in this Colony. 

This Assembly do establish Mr. Joseph Dyer to be Lieu- 
tenant of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Simon Shepard to be 
Cornet of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Robert Dixon jun"" to be 
Quarter-Master of the troop of horse in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Daviss to be Cap- 
tain of the 13th company or trainband in the 5th regiment in 
this Colony. 

[132] This Assembly do establish ]\[r. Nathan Johnson to 
be Lieutenant of the 13th company or trainband in the fifth 
regiment in this Colony. 

This Assembly do establish and confirm Mr. Jonas Cady 
to be Ensign of the 13th company or trainband in the 5th 
regiment in this Colony. 

This Assembly do establish Mr. John Sutlief to be Cap- 
tain of the new company or trainband in the parish of North- 
bury in the town of Waterbury. 

This Assembly do establish Mr. Stephen Seymour to be 
Lieutenant of the new company or trainband in the parish 
of Northbury in the town of Waterbury. 

This Assembly do establish Mr. David Blacksley to be 
Ensign of the new company or trainband in the parish of 
Northbury in the town of Waterbury. 

This Assembly do estal)lish Mr. Benjamin Upson to be 
Lieutenant of the company or trainband in the parish of 
Northberry in the town of Waterbury. 

This Assembly do establish Mr. Samuel Curtiss jun"" to be 
Ensign of the company or trainband in the parish of North- 
berry in the town of Waterbury. 

This Assembly do establish Mr. Josiah Case 2d to be Cap- 
tain of the 5th company or trainband in the town of Syms- 
bury. 

This Assembly do establish Mr. Zebulon Hibbard to be 



350 PUBLIC RECORDS [May, 

Lieutenant of the 3d company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Elisha Hurlburt to ha 
Ensign of the 3d company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Talcott Bulkley to be 
Lieutenant of the 2d company or trainband in the town of 
Fairfield. 

This Assembly do establish Mr. Hezekiah Sturgcs to be 
Ensign of the second company or trainband in the town of 
Fairfield. 

This Assembly do establish Mr. Nathaniel Gilbert to be 
Captain of the 11th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Ward to be Lieu- 
tenant of the 11th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Nathaniel Cornwell to be 
Ensign of the 11th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Dijah Fowler to be Lieu- 
tenant of the lOtli company or trainband in the 12th regiment 
in this Colony. 

t This Assembly do establish Mr. Robert Cheesbrough to be 
Ensign of the first company or trainband in the town of Ston- 
ington, in the 8th regiment in this Colony. 

This Assembly do establish and confirm Mr. Nicodemus 
Miller to be Captain of the new company or trainband in the 
town of Lyme, in the 3d regiment in this Colony. 

This Assembly do establish Mr. Joseph Way to be Lieu- 
tenant of the new company or trainband in the town of Lyme, 
in the 3d regiment in this Colony. 

This Assembly do establish Mr. Jesse Beckwith to be En- 
sign of the new company or trainband in the town of Lyme, 
in the 3d regiment in this Colony. 

This Assembly do establish Mr. Elisha Lothrop to be Cap- 
tain of the 4th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Jeremiah Kinsman to be 
Lieutenant of the 4th company or trainband in the town of 
Norwich. 

This Assembly do establish Mr. Ebenezer Bishop to be En- 
sign of the 4th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Hezekiah Marsh to be 



1765.] OF CONNECTICUT. 351 

Captain of the 1st company or trainband in the town of Hart- 
ford. 

This Assembly do establish Mr. Benjamin Payne to be 
Lieutenant of the 1st company or trainband in the town of 
Hartford. 

This Assembly do establish Mr. Joseph Talcott juii'" to be 
Ensign of the 1st company or trainband in the town of Hart- 
ford. 

This Assembly do establish Mr. Josiah Allyn to be Lieu- 
tenant of the 2d company or trainl)and in the town of Wind- 
sor. 

[133] This Assembly do establish Mr. John Allyn to be En- 
sign of the second company or trainband in the town of 
Windsor. 

This Assembly do establish Mr. Henry Lyon to be Lieu- 
tenant of the company or trainband in the east division of 
the parish of Reading. 

This Assembly do establish Mr. Gershom Morehouse jun"" 
to be Ensign of the company or trainband in the east divi- 
sion of the parish of Reading. 

This Assembly do establish Mr. Arnold Tib])als to be Cap- 
tain of the sixth company or trainband in the second regiment 
in tliis Colony. 

This Assembly do establish Mr. Eliphal Gillet to be Lieu- 
tenant of the sixth company or trainband in the 2d regiment 
in this Colony. 

This Assembly do establish Mr. Gideon Camp to be Ensign 
of the 6th company or trainband in the 2d regiment in this 
Colony. 

This Assembly do establish Mr. Israel Loomiss to be Cap- 
tain of the second troop of horse in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Seth Wright to be Lieuten- 
ant of the second troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Vetch Williams to be Cor- 
net of the 2d troop of horse in the 12th regiment in this Col- 
ony. 

This Assembly do establish Mr. Silas Sprague to be Quarter- 
Master of the 2d troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Sam' Cook to be Ensign of 
the west company or trainband in the town of Harwinton. 

This Assembly do establish Mr. Henry Hawley to be Cap- 



352 PUBLIC RECORDS [May, 

tain of the company or trainband in the parish of New Strat- 
ford. 

This Assembly do establish Mr. Nathan Booth to be Lieu- 
tenant of the company or trainband in the parish of New 
Stratford. 

This Assembly do establish Mr. James Clark to be Ensign 
of the company or trainband in the parish of New Stratford. 

This Assembly do establish Mr. John Blogget to be Cap- 
tain of the 7th company or trainband in the 5th regiment in 
this Colony. 

This Assembly do establish Mr. John Phelps to be Lieu- 
tenant of the 7tli company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Ephraim Hide to be Ensign 
of the 7th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. Samuel Hoit to be Captain 
of the 1st company or trainband in the town of Stamford. 

This Assembly do establish Mr. Hezekiah Weed jun"" to be 
Lieutenant of the first company or trainband in the town of 
Stamford. 

This Assembly do establish Mr. Silas Bishop to be Ensign 
of the 1st company or trainband in tbe town of Stamford. 

This Assembly do establisli Mr. William Danielson to be 
Captain of the 14th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Simeon Spalding to be 
Lieutenant of the 14th company or trainband in the 11th reg- 
ment in this Colony. 

This Assembly do establish Mr. Samuel Stearns to be En- 
sign of the 14th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Philip Spalding to be Lieu- 
tenant of the 8th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. William Cutler to be Ensign 
of the 8tli company or trainband in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Ephraim Leach to be Lieu- 
tenant of the 6th company or trainband in the town of New 
London. 

This Assembly do establish Mr. William Douglass to be 
Ensign of the 6th company or trainband in the town of New 
London. 

This Assembly do establish Mr. Justus Sacket to be Cap- 
tain of the 2d company or trainband in the town of Kent. 



1765.] OF CONNECTICUT. 353 

[134] This Assembly do establish and confirm Mr. Daniel 
Gates to be Lieutenant of the first company or trainband in 
the town of Preston. 

This Assembly do establish Mr, Ebenezer Weller jniv to be 
Ensign of the first company or trainband in the town of 
Preston. 

This Assembly do establish Mr. Josiah Harrison jun"" to be 
Lieutenant of the 11th company or trainband in the 2d regi- 
ment in this Colony. 

This Assembly do establish Mr. Ebenezer Russel to be En- 
sign of the lltli company or trainband in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Gideon Hurlburt to be En- 
sign of the company or trainband in the west society in the 
town of Fairfield. 

This Assembly grants a rate or tax of one penny on the 
pound on the polls and rateable estate of this Colony, accord- 
ing to the list brought in to this Asseml)ly in October last 
with the additions, to be collected and paid into the treasury 
by the last day of December next in lawful money or bills of 
this Colony ; and the Treasurer is hereby directed to send 
out his warrants accordingly. 

Whereas this Assembly in the session at New Haven in 
October last ordered that the Treasurer pay to the committee 
appointed by the county of Newhaven to carry on and com- 
pleat the building the new State House at New Haven, or 
their order, the sum of <£907 9s. Ofc?. in bills of credit of 
this Colony, for the balance of the one moiety or half part of 
the sum total of the cost expended in building and com[)leat- 
ing said house, which order is endorsed by said committee to 
pay Mr. Enos Ailing, wdio by his memorial to this Assembly 
sheweth he hath not been able to obtain payment, since which 
the Treasurer hath paid and indorsed on said order the sum 
of <£200 16s. Od.: And for payment of the residue, resolved 
by this Assembly, that his Honour the Governor be and he is 
hereby desired to draw a bill of exchange on Richard Jack- 
son of London, Esq'', Agent for this Colony, for the sum of 
five hundred and thirty-seven pounds sterling, payable to the 
said Enos Ailing of Newhaven or his order, in full discharge 
of the said order of this Assembly. 

Upon the report of the committee respecting the difficulties 
subsisting among the Mohegan Indians, this Assembly do ap- 
point Jonathan Trumble and Jabez Huntington, Esq';*, togeth- 
er with the overseers of said Indians, a committee to repair to 

45 



354 PUBLIC RECORDS [May, 

Mohegan, or some place near thereto, as soon as ma)'- be. and 
convene said Indians, or so many of them as they may think 
proper, before them, and make due enquiry into the matters 
of complaint and grievance, and endeavour to reconcile the 
contending parties or persons, and also proceed thereon as the 
exigency of the case may require, and thereof make report to 
the General Assembly at their sessions in October next. 

Whereas this Assembly are informed that by the order of 
the superior court of this Colony, pursuant to the conviction 
of Abel Buel of Killingworth for altering sundry of the bills 
of credit of this Colony, the estate of said Abel was seized as 
forfeited for the use of this government, but no person is ap- 
pointed to dispose of the same, and that sundry other such al- 
tered bills are since found to have been done and uttered by 
said Abel before his said conviction and are now in the hands 
of sundry persons who paid a consideration for the same equal 
to the sum in said bills not knowing the same to be altered &c. : 
Thereupon this Assembly do appoint and impower Mathcw 
Griswold, Esq"", to make sale by public vendue of such of the 
real and personal estate that belonged to the said Abel and 
forfeited as aforesaid by the conviction aforesaid, giving pub- 
lic notice of the time and place of sale, and out of the avails 
thereof first pay the cost of said Buel's prosecution and then 
to pay the possessors of such altered bills the sums therein 
mentioned, in such instances only wherever it appears said 
bills were altered by said Buel before his said conviction 
and that such possessor paid a consideration equal to the sum 
in such bills not knowing the same to be altered ; and that 
after deducting the charges of sale he pay the residue of said 
avails to the Treasurer of this Colony and take his receipt for 
the same accordingly. 

Upon the representation made to this Assembly by Increase 
Moseley, Bushnel Bostwick and Isaac Baldwin, Esq'"^ of the 
probability of their being able to obtain a more full and 
compleat account of the affairs of the Ousatunnock Lottery 
than the account they have already taken, which full and 
compleat account they may most probably be able to return to 
this Assembly in their next sessions : It is thereupon resolv- 
ed by this Assembly, that the said Increase Moseley, Bushnel 
Bostwick and Isaac Baldwin, Esq^^, be further appointed and 
impowered to inquire into the affairs of said lottery, agreeable 
to the powers and appointments formerly made by this Assem- 
bly, and to report their doings to this Assembly at their ses- 
sions in October next. 



1765.] OF CONNECTICUT. 355 

[135] An Act in Addition to an Act entituled An Act in Addition to and 
Explanation of the Law of this Colony entituled An Act for di- 
recting' Listers in their OfBce and Duty, and also of the Law 
entituled An Act for paying of Rates and Taxes. 

Whereas in pursuance of different constructions of said acts, 
very different practices have obtained in granting bills of 
aliatement in the several towns in this Colony, whereby much 
inequality and injustice hath been and hereafter may be occa- 
sioned: Which to remedy and prevent, 

Be it enacfedhy the Governor, Council and M^presentatives, 
in General Court assembled, and by the authority of the same, 
That the several towns in this Colony shall be chargeable and 
responsible for the full amount of the Colony rates or taxes 
tliat may at any time be granted by this Assembly, in propor- 
tion to the sum total of the respective lists of said towns, as 
tlie same shall be annually made and returned according to 
law ; except such legal abatements made as hereinafter is pro- 
vided : And that the Treasurer of this Colony shall not ac- 
cept or allow any bills of abatement for any part of such rates, 
save only where any persons shall be found (according to the 
true intent and meaning of said acts) to have been really 
overcharged or wrong charged on their lists ; or unless any 
persons charged in said lists is deceased, or shall have aliscond- 
ed and departed out of this Colony before the time limited for 
the payment of such rate to the Treasurer, and hath not left 
any estate whereon the same may be levied : And in every 
bill of abatement made in either of the cases aforesaid shall 
be certified the reasons for such abatement, by the persons 
who have right by law to make the same, or by an Assistant 
or justice of the peace. 

And he it further enacted by the authority aforesaid, That 
the selectmen of tlie several towns in this Colony, or the ma- 
jor part of them, with the advice of an Assistant or justice of 
the peace, shall have power, and they are hereby impowered, 
to abate the rates of such persons in their respective towns as 
are poor and unable to pay the same. And when any person 
shall by any collector of the Colony rate be committed to goal 
for the non-payment of such rate, and (being thereto admit- 
ted) shall have lawfully administered to him the oath by law 
appointed for the relief of poor prisoners, the town to which 
such poor persons whose rates are so abated, or to whom such 
oath is administered, do belong shall be chargeable with the 
sums at which such persons were charged in such Colony rates, 
and also with all the cost and charges occasioned l)y such com- 
mitment ; and the selectmen shall order the same to be paid 
to such collector out of the treasury of such town. And for 
want of a sufficient supply of money in said town treasury to 



356 PUBLIC RECORDS [May, 

pay the same, the said selectmen are hereby impowered to 
make and levy a tax on the inhabitants of such town, suffi- 
[136] cient || to raise such sums as shall be needful for that 
purpose together with the charges of collecting the same. 
And in case the rates so abated are not paid to said collector 
of the Colony tax within thirty days next after the time lim- 
ited for the payment of such rate to the Colony Treasurer, 
such collector shall certify the same to the Treasurer of this 
Colony, who shall thereupon issue an execution in due form 
of law to levy the same out of the money, goods or estate of 
such selectmen. 

An Act for reviving' an Act of this Colony made and passed in May A. 

Dom. 1761, intituled An Act in further Addition to the Law enti- 

tuled An Act providing in Case of Sickness. 

Whereas it was resolved by this Assembly at their sessions 
in May last, that the aforesaid act should continue and be in 
force until the rising of this Assembly, and no longer, 

Be it therefore enacted hy the Governor, Council and Repre- 
sentatives, in General Court assembled, and hy the authority 
of the same. That the said act entituled An act in further ad- 
dition to the law entituled An act providing in case of sick- 
ness, be revived, and the same is hereby revived and shall con- 
tinue and be in force until the rising of this Assembly in May 
next. 

An Act for the Alteration of the Sums enacted to he paid for a Licence in 
and by an Act entituled An Act for regulating and licencing Ped- 
lars, Hawkers and Petty-Chapmen. 

Be it enacted hy the Governor, Council and Representatives, 
in General Court assembled, and hy the authority of the same. 
That the several judges of the county court in this Colony 
who shall grant licence to any pedlar, hawker or petty-chap- 
man, instead of the sum of five pounds mentioned in said act 
shall take and receive for such licence the sum of twenty 
pound to and for the use of the Colony, and instead of four 
shillings the sum of eight shillings as a fee and reward ; any- 
thing in said act to the contrary notwithstanding. 
An Act for preventing Mischief by Dogs. 

Whereas much damage has been occasioned in sundry parts 
of this Colony by dogs, and of late in divers towns in this Col- 
ony they appear to be attended with an uncommon disease in- 
dicating madness, by means whereof many people have al- 
ready sustained much damage, and are greatly indangeredand 
exposed to suffer much more, unless proper measures are tak- 
en to prevent the same : 

Be it therefore enacted hy the Governor, Council and Repre- 
sentatives, in General Court assembled, and by the authority of 
the same, That the authority and selectmen of the several 



1765.] OP CONNECTICUT. 357 

towns in this Colony, or the major part of them, or the major 
part of the selectmen in such several towns with the advice of 
one Assistant or justice of the peace, shall have full power and 
authority, and they are herel)y authorized and impowered, to 
make all necessary rules, orders and regulations, whenever 
they shall judge the inhabitants of the Colony, tlieir persons 
or properties shall be in danger, for tlie confining, restraining, 
killing or destroying of dogs belonging to or found within such 
respective towns, as they shall judge reasonable for the effec- 
tual security of such inhabitants : The same to be published 
and a notification thereof set up in writing in three of the 
[137] most public || places in such town wherein such order 
shall be made, and not less than one in each society therein. 

A7id be it further enacted by the authority aforesaid^ That 
when such orders or rules shall be so made and published as 
aforesaid, all persons shall accordingly conform thereto and 
obey such rules or orders, on pain that every person who shall 
offend against or not obey such rules or orders shall forfeit tlie 
sum of forty shillings, one half to him who sliall prosecute the 
same to eifect, and the other half to the treasurer of the town 
where said offence shall be committed ; and that all such dogs 
as shall not be confined or restrained within such rules and 
orders made as aforesaid may be liable to be killed and de- 
stroyed by any person or persons whatever ; and if any such 
persons shall be sued or prosecuted for the same, he may plead 
not guilty, and give this act in evidence, unless such person 
commencing and prosecuting any such action as aforesaid 
shall prove to the satisfaction of such court before whom any 
sr.ch trial may be had, that he had fully complied with such 
orders and rules as aforesaid. 

Provided nevertheless^ That nothing in this act shall be un- 
derstood or construed, to restrain or prevent any person from 
killing or destroying any dog found mad or suspected to be mad; 
or otherwise shall be found doing mischief or attempting to do 
the same, when alone, out of the possessions of his owner and 
distant from the care and command of any person having the 
charge of such dog ; anything in this act or any other act to 
the contrary notwithstanding. 

An Act for preventing Fraud in Debtors and for securing ttie Effects of 
Insolvent Debtors for the TJ se of their Creditors and for the equita- 
ble Division of the Estates and Effects of such Debtors to 
and among their Creditors. 

Whereas the estate or effects of insolvent debtors have been 
attached, and actions have been brought against such debtors, 
or against persons who have had the estate or effects of ab- 
sconding or concealed debtors in their hands as trustees of 
such debtors ; which estate and effects have been held by the 



358 PUBLIC RECORDS [May, 

creditor or creditors, at whose suit they were attached, against 
the other creditors ; by means whereof gfeat inequality and in- 
justice has l)een occasioned and law suits [have been] great- 
ly multiplied : For the prevention whereof for the future, 

Be it enacted hy the Governor, Council and Representatives^ 
in Greneral Court assembled, and by the authority of the same, 
That for the future all attachments of any estate, real, })er- 
sonal, or mixed, of any delator that shall be made at the suit 
of any one or more of his creditors shall hold such estate 
against the debtor and his assigns only, but not against any 
other of the creditors of such debtors. And all attachments 
[that have or shall be so made, and all summons and attach- 
ments]* which shall hereafter be served upon any trustee of 
any absent, absconding or concealed debtor by virtue of a law 
of this Colony entituled An act for the recovery of debts out 
of the estate or effects of absent or absconding debtors, shall 
enure to the use and benefit of all the creditors of such debt- 
or or debtors, in just proportion to the debts to them respective- 
ly due : Provided such debtor shall appear to be insolvent 
and unable to pay all his just debts, and shall be proceeded 
with as an insolvent debtor agreeable to the provision hereaf- 
ter in this act made, and before execution is levied on such 
estate. 

[138] And be it further enacted. That it shall and may be 
lawful for any one of the judges of the superior court, or the 
judge of the county court in the county wherein such debtor 
dwells within this Colony, upon application made in writing and 
also proof of the debt or debts being made on oath by any cred- 
itor for not less than twenty pounds, or creditors for not less 
than forty pounds, of any person or persons who heretofore have 
been or hereafter shall be arrested at the suit of any creditor 
or creditors and thereon confined in goal, or who shall appear 
to the satisfaction of such judge to have absconded or conceal- 
ed themselves to avoid the arrests of their creditors, to issue a 
warrant directed to all and every the sheriffs, [their under- 
sheriffs] and deputies, and the constables of the several towns 
within this Colony, requiring them in his Majesties name, to 
attach, seize and keep all the goods, chattels and estate, real, 
personal and mixt, of what nature or kind soever, within their 
respective precincts, of such imprisoned or absconding debtor 
or debtors, for the use and benefit of his or their creditors. 
And any part of such estate which may be taken in pursuance 
of such a warrant and which shall be of a perishable nature 

*The words within brackets iu tliis act are omitted from tlie record, but 
fouad iu tlie origiual bill and iu the act as printed at the time. 



176o.] OF CONNECTICUT. 359 

and sliall he proved to be actually in a perisliinjr state before 
the jndge from whom sucli warrant shall issue, shall and may 
be forthwith sold by the officer taking the same for the most 
the same will fetch. And notice shall be forthwith given by 
such judge in one or more of the public news-papers in this 
Colony, pul)lished next after the issuing such warrant, or as 
soon as may be, and for three weeks successively, that the ef- 
fects of such imprisoned or absconding and concealed debtor 
or debtors are directed to be attached, seized and taken, and 
that unless such debtor or debtors shall discharge his or their 
just debts, or give security therefor, within three months from 
the date of such warrant, to the satisfaction of the creditors, 
for the payment thereof, all the estate ordered to be so attach- 
ed, seized and taken, will be sold for the benefit of the credi- 
tors. 

And be it further enacted, That every person whose effects 
shall be directed to be so attached, seized and taken, be and is 
hereby declared to have been from and after their imprisonment, 
absconding or concealing themselves, as aforesaid, incapable 
of alienating any part of their effects or estate of what nature 
or kind soever, unless for the necessary support of himself 
while imprisoned : and all other assignments, transfers, convey- 
ances or alienations aftei'wards made by such person or per- 
sons, except the same be made for the payment of all his just 
debts or securing and satisfying of all his creditors in just pro- 
portion, are hereby declared to be null and void, unless it 
shall appear that such assignment, transfer or alienation was 
bona fide made before any estate of such debtor was attached 
and before publick notice was giv^en of the granting such war- 
rant, and that the purchaser was not privy to the absconding 
or concealment of such debtor. Provided also, that no as- 
signments, transfers,conveyances or alienations, bona fide made 
before the passing this act, shall be understood to be affected 
hereby. 

[139] And be it further enacted, That if any imprisoned, 
absconding or concealed debtor or debtors, whose effects or 
estate shall be directed to be attached, seized and taken, as 
aforesaid, shall not, before the expiration of three months as 
aforesaid, discharge their just deljts or give security for the 
discharge thereof to the satisfaction of their creditors, it shall 
and may be lawful for the judge who shall have issued such 
warrant, to appoint three of the creditors of such debtor or 
debtors to he trustees of his or their estate. 

Provided always, and it is accordingly enacted, That if any 
such debtor or debtors shall l)y writing under his or their 



360 PUBLIC RECORDS [May, 

hands signify to the jndge issning the warrant aforesaid, his 
or their willingness to surrender up all his or their effects, and. 
shall desire that trustees may be forthwith appointed, it shall 
be lawful for such judge forthwith to appoint the same, and 
the advertisement to surrender shall be thereupon discontin- 
ued. 

And be it further enacted, That if such debtor, or any other 
insolvent debtor or debtors who have not so absconded or been 
imprisoned, are willing to disclose and deliver up his or their 
estate for the benefit of his, her or their creditors, he or they 
may, in conjunction w4th the major part in number and value 
of his, her or their creditors, exhiV)it a petition to any two of 
the judges of the superior court, or to the judge of the county 
court and one justice of the quorum in the county where such 
debtor dwells, together with an account in writing of all the 
sums owing by such debtor, and of the persons to whom, and 
also a true and compleat inventory of all such debtor's estate, 
real, personal and mixt, in law and equity, and [all accounts, 
books, vouchers and securities relating thereto,] praying for 
the relief provided in this act ; thereupon the said judges are 
hereby impowered to administer to such debtor or debtors an 
oath to the effect following : 

You A. B. do [solemnly] swear by the overliving God, 
that the petition by you presented doth contain a just and true 
account of all the monies owing by you, of the persons to 
whom, and of all your estate, real or personal, both in law and 
equity, either in possession, reversion or remainder, to the 
best of your knowledge and remembrance ; and if any here- 
after come to your knowledge you will as soon as may be cause 
the same to be added ; and that you have not directly or 
indirectly sold, conveyed, made over, or otherways disposed 
of, either in trust for yourself or otherwise than is mentioned 
in the same account, any part of your lands, goods, estate, 
stock, money, debts, or other real and personal estate, where- 
by to have or receive any benefit, or with any view or design 
to deceive, injure or defraud your creditors : So help you 
God. 

Which oath being taken by the debtor, notice shall be given 
by the petitioners to all the creditors of such debtor, by ad- 
vertising the same in one or more of the public news-papers in 
this' Colony, to shew cause, if any they have, by such a day as 
shall be appointed by said judges, why an assignment of such 
debtor's estate should not be made and the person of the debt- 
or discharged. At which day, if no sufficient cause to the 
contrary appear, the said judges shall direct a legal grant or 



1765.] OP CONNECTICUT. 361 

assignment of all such debtor's estate, both in law and equity, 
to be made by such del)tor to tlie person or persons, being 
creditors, that may be ap[)()inted by such judges to be trustees 
to receive the same for the only use and benefit of the credi- 
tors. 

[140] And he it further enacted, That the trustees so 
appointed [shall,] as soon as may be notify, in one or more 
of the public news-papers which may most effectually com- 
municate such notice, three weeks successively, the time and 
place for a meeting of the creditors of such debtors: such 
meeting to be held within one month from the date of such 
notification. And it shall and may be lawful for the major 
part in number and value of the creditors present at such 
meeting, to approve or disapprove of all or any of [the] 
trustees so appointed, and to choose others in the room of 
such as may be disapproved, who shall be vested with all the 
rights, powers and authority of such former trustees. And 
the trustees who shall be so appointed or chosen at this meet- 
ing shall be sworn before an Assistant or justice of the 
peace to well and faithfully manage the estate of such debtor 
or debtors as shall come to their hands ; and shall for that 
purpose keep regular books of account of their receipts and 
disbursements of such debtor or debtor's estate, to which 
such debtor and every creditor at all seasonable times may 
have recourse : And the power of the trustees first appointed 
and disapproved shall then determine and cease, and the 
creditors may thereupon give into the trustees their respect- 
ive claims and demands then due and payable, or which may 
become due at a future day, upon or against the debtors. 
And upon such debtor's producing to said judges a certificate 
under the hands and seals of the trustees, executed in pres- 
ence of two witnesses, that he or she has legally granted, 
conveyed, assigned and delivered up, for the use of the credi- 
tors, all his or her estate, real or personal, both in law and 
equity, and all the books, vouchers and securities relating to 
the same, they shall discharge such debtor, if in prison, from 
his imprisonment. 

And be it further enacted, That the person of such debtor 
giving up his or her estate as aforesaid, and conforming in all 
things as in and by this act is directed, shall not for the 
future ever be liable to any arrest or imprisonment, either on 
mean process or execution, for any debt due or contracted by 
him or her before the assignment of his or her estate as 
aforesaid. Provided nevertheless, that the future estate, real 
or personal, of such debtor, which may thereafter be had, 

46 



362 PUBLIC RECORDS [May, 

acquired, gotten, or descended, (excepting such necessary 
articles as shall be allowed hiui agreeable to this act,) shall 
be liable to and answerable for the remainder of said debts 
to all intents and purposes as though such debtor or debtors 
had not been discharged as aforesaid. And pending such 
petition the bodies of such debtors shall be free from any 
arrests, as also pending any examination before the trustees 
from time to time as may be necessary. 

And be it further enacted, That the trustees so appointed 
and sworn shall be and are hereby authorized and impowered, 
to receive from the sheriffs, under-sheriffs or deputies, and con- 
stables, and from all other persons whatsoever, all the effects 
and estate of every kind of such debtor or debtoi-s, and also all 
their books of accounts and all papers necessary for discovering 
[141] the state of the business and || dealings of such debtor 
or debtors, and also to settle and adjust all matters and 
accounts unsettled, between such debtor or debtors and any 
of their debtors, and in their own names to commence and 
prosecute to final judgment and execution any action or 
actions in the law for the recovery of any debts, effects or 
estate whatsoever, of such debtor or debtors, as fully to all 
intents and purposes as he or they might have done if this 
act had not been made and passed : And with the consent of 
the major part of the creditors in number and value present 
at any meeting duly notified, to submit to arbitration any 
matters in dispute between such [debtor or] debtors and any 
one of his or their supposed debtors, and with the like con- 
sent to compromise or make abatement upon any claim or 
supposed debt. 

And be it further enacted, That all the goods, chattels and 
lands of such del)tor, before any disposition thereof be made, 
shall be appraised by two or three sufficient freeholders mu- 
tually chosen by the trustees and such debtor, or appointed 
by said judges, who shall be sworn to appraise the same at 
the just value thereof in money; and a true and perfect 
inventory thereof shall be made, under the hands of the 
said appraisers, and also of the said trustees, and exhibited 
to said judges; and such debtor shall be allowed for such 
estate by the creditors toward the payment of his debts due 
to them the price set in said inventory. 

And be it further enacted, That before any disposition of 
such debtor's estate be made, such debtor shall be allowed 
out of the same such necessary wearing apparel and bedding 
for himself, wiie and children, and tools, arms, and other 
implements of his household necessary for the upholding of 



1765.] OF CONNECTICUT. 363 

life, as such debtor and tlic major part in nnml)cr and valnc 
of the creditors sliall a<^i'ee to, or the judges to whom the 
petition is presented sliall think reasonable and order. And 
[that] all the remainder of such debtor's estate may be con- 
verted into money as soon as may be, for the use and l)enefit 
of the creditors, where the major part in number and value of 
the creditors do not agree to apportion and divide the same 
or any part thereof among themselves, which they are hereby 
enabled to do, the said trustees are hereby authorized and 
impowered to make sale of every part thereof, and also to 
grant, bargain, sell and convey to any person or persons whom- 
soever, any lands, tenements or hereditaments whereof such 
debtor or debtors are or shall be seized in possession, rever- 
sion or remainder, as of an estate in fee simple or an estate 
for life or years, and to execute good and sufficient deeds 
therefor. 

And be it further enacted, That it shall and may be lawful 
for an Assistant or justice of [the] peace, upon application 
made to him for that purpose by the trustees, to convene 
before him the wife or any one of the family of any such 
debtor or debtors, or any other person or persons suspected 
of concealing or eml)ezeling any part of such debtor's effects, 
or of being privy or knowing to any concealment or embezel- 
[142] ment thereof, or to any private trade or || dealing of 
such debtor or debtors ; and such Assistant , or justice of 
peace (the said trustees and one or more of the creditors 
being present) shall examine such person so convened upon 
oath touching all matters respecting the effects or estate, the 
trade or dealing of such debtor or debtors, and shall take 
down such examination in writing and cause the person so 
examined to sign the same ; and if any such person shall 
refuse to submit to an examination or to sign the same, such 
Assistant or justice is hereby impowered to commit such 
person to prison, there to remain until he or she shall comply 
or shall be discharged by the consent of the said trustees. 

And he it further enacted, That it shall and may be lawful 
for the trustees aforesaid, in the execution of their trust, by 
warrant had from a justice of the peace directed to the 
sheriff, his under-sheriff or deputy, to cause to be broke open 
and entered the dwelling-houses, shops, warehouses, or other 
houses of any such insolvent, imprisoned, absconding or con- 
cealed debtor or debtors, and to cause to be opened any 
trunks or chests, or other close or locked places, where any 
part of their goods or estate shall be or be reputed to be. 
Provided always, that the body of such debtor, in their own 



864 PUBLIC RECORDS [May, 

houses, shall not by or in consequence of the execution of 
such warrant be liable to any arrests of the creditors. 

And be it further enacted, That the trustees aforesaid shall 
by advertisement in one or more of the ])ublic news-papers 
three weeks successively, seasonably notify another meeting 
of the creditors of such insolvent debtors, to be held at such 
time and place as they shall appoint, not exceeding six 
months from and after the first meeting aforesaid ; at which 
meeting any creditors who liave not given in their claims 
before may then exhibit the same. And the said trustees are 
also impowered from time to time to call other meetings of 
the creditors in like manner, or to continue any meetings 
with the consent of the major part in number and value of 
the creditors present, by adjournments, as there may be special 
occasion therefor. 

And be it further enacted, That the said trustees shall 
within a reasonable space of time, not exceeding twelve 
months after their appointment, proceed to make a division 
of all the money that shall come to their hands out of the 
estate of such debtor or debtors, first giving sufficient notice 
of the time and place of making such dividend, by advertis- 
ing the same in one or more of the public news-papers, and 
in like manner and upon like notice make a second dividend 
of what money may come to their hands, or be recovered and 
received by them after the first division, if the whole estate 
shall not be settled at that time ; and so from time to time, 
until a final settlement thereof and a full, just and equitable 
division be made of the whole of such estate. And in case 
of any controversy relating to any debt or sum of money 
[143] due to any creditor, || the same shall be settled by 
arbitrators, not being creditors, and mutually chosen by the 
trustees and the creditor or creditors with whom such dispute 
doth arise, who shall finally settle such controversy and 
ascertain the sum due to such creditor. And in case any 
creditor, upon such controversy arising, shall refuse to join 
in the nomination and appointment of arbitrators, the trustees 
are hereby impowered to nominate and appoint them. 

And be it further enacted, That the powers by this act given 
to trustees shall and may be executed by any two of them, 
and shall be construed and understood in all cases accordingly. 
And any person being of the people called Quakers may and 
shall be allowed, when any oath is required by this act, to 
make solemn afiirmation instead thereof. 

And be it further enacted. That if any creditor of such in- 
solrent debtor or debtors shall neglect or refuse to give notice 



1765.] OF CONNECTICUT. 365 

of and prove his debt before tlie first dividend be made, such 
creditor shall be ever after del )arred from receiving' his debt 
of such trustees, unless the whole of the estate shall not have 
been received and divided, and unless such creditor shall, be- 
fore the second dividend be made, prove his debt ; and in such 
case such creditor shall, before the second dividend be made, 
have the sum he would have been intituled to on the first div- 
idend, or so much thereof as shall be in the hands of the 
trustees; and if more than one creditor shall have so neglected, 
and there shall not be enough in the hands of the trustees to 
pay to all of them the full of their dividend, each shall be 
paid in proportion. 

Provided always^ arid he it further enacted. That before any 
dividend be made of such debtor's estate, all and every sura 
and sums of money which are and shall be due and owing 
from such debtor or debtors to this government shall be fully 
paid by the trustees out of such estate, and also all such cost, 
charges and expences as shall be necessarily laid out and ex- 
pended by the said trustees, together with a reasonable allow- 
ance for their trouble and care therein, the same being first 
allowed and taxed by the judges who have had cognizance of 
the proceedings in such case ; and also such sum as three 
fourth parts in number and value of the creditors shall agree 
to allow to the debtor or debtors who shall have appeared and 
surrendered up their effects and taken the oath required by 
this act, not exceeding in any case five per cent, on the whole 
estate : and the overjjlus of such debtor's estate and effects, 
after deducting the debts, charges and allowances aforesaid, 
shall be divided and distributed to and among the creditors 
of such debtor, in proportion to the debts to them respectively 
due, in which distribution and division no preference shall be 
given to debts due by specialty, or on any judgment entered 
against such debtor. 

And he it further enacted., That if any person shall be con- 
victed of wilfully affirming or swearing falsely in any case 
where an affirmation or oath is required or allowed by this 
act, the person so offending shall suffer as in case of wilful 
perjury. And in case any debtor, who shall take the oath re- 
quired by this act and shall thereupon be admitted to take the 
benefit of being freed and exempted from arrests and im- 
[144] prisonment thereby, shall || be convicted of concealing 
any part of his estate or effects, or any books, securities or 
papers relating thereto, with an intent to defraud his cred- 
itors, he shall suffer as in case of wilful perjury, and also 
from and after such conviction his body shall be liable to be 



366 PUBLIC RECORDS [May, 

arrested and imprisoned at the snit of [bis] creditors, or any 
of them, for any of the debts by him contracted before the 
assignment of his estate ; anything in this act to the contrary 
notwithstanding. 

Be it further provided and enacted^ That in case it should 
so happen that the estate of any such debtor or debtors, ac- 
cording to the appraisment thereof in the inventory made as 
aforesaid, shall surpass the amount of his or their debts and 
the cost and charges attending the assignment and distribu- 
tion of such estate and the proceedings thereon in pursuance 
of this act, that then all the overplus of said estate shall 
by the said trustees be returned, delivered back or reconveyed 
to such debtor or debtors, or his or their heirs, executors and 
administrators. That this act shall continue [and be in force 
for the term of two years from the rising of this Assembly, 
and no longer : Provided notwitlistanding, that the same 
shall continue] and be in full force as to the powers and 
authorities in all cases that shall be begun within said two 
years, until a full and final settlement and division shall be 
made, according to the true intent and meaning of this act. 

This Assembly being informed that Jonathan Atwater, late 
constable and collector of the Colony tax in the town of New 
Haven, fell greatly short in his payment of said tax into the 
treasury of this Colony, and to secure the payment of the 
arrearage of said tax he, the said Atwater, in his life-time 
made and executed a deed of his dwelling-house and land in 
said New Haven to the Governor and Company of this Col- 
ony, and there being no person appointed by this Assembly 
to make sale and give and execute a deed thereof in behalf 
of the said Governor and Company to any person that may 
purchase the same : Resolved by this Assembly, that Benja- 
min Hall, Esq"", and Mr. Joshua Chandler of New Haven be 
and hereby are fully impowered, to make sale of said house and 
land for the most the same will fetch, and to make and exe- 
cute a good deed in the name and on the behalf of the Gov- 
ernor and Company of this Colony to the person or persons 
that shall purchase the same : and they are hereby impowered 
to receive the money said house and land may fetch, and pay 
the same into the treasury of this Colony. And the Treas- 
urer is hereby ordered and directed, on the receipt of said 
money, to give credit for so much as the same shall amount 
to ; and [in] case house and land shall sell for more than is due 
to this Colony for the payment of said taxes, the overplus shall 
be returned to the heirs of said Atwater. 

Whereas it hath been certified to this Assembly by the 



1765.] OF CONNECTICUT. cGl 

listers of tlio town of Pomfret for the year 1763, that throui^li 
[145] mistake they uiidercast the list of || said town for the 
year aforesaid the sum of .£742 ; and also it hath been certi- 
fied by the listers of the town of Plainfield for the year 1763, 
that the additions on the list for the said town of Plainfield 
for tliis said year have not been returned, which additions 
amount to the sum of X202 9 0: It is thereupon resolved 
])y this Assembly, that the Treasurer of this Colony be and he 
is hereby ordered and directed, to issue out his warrants to the 
collection of the Colony i-ate in said town of Pomfret, to collect 
of the inhabitants of said town of Pomfret so much as aiises 
on said sum of X742, in their lists of estate for tlie year afore- 
said, and to the collector of the town of Plainfield to collect of 
the inhabitants of the said town of Plainfield so much as arises 
on said sum of £202 9 0, in their lists of estate for the year 
aforesaid, in addition to the sums which the said collectors of 
said towns are already by the Treasurer's warrant impowered 
to collect ; and the said collectors are accordingly hereby or- 
dered to conform themselves to such warrants as the Treas- 
urer may prove fit in pursuance of this resolve. 

This Assembly do appoint Mr. Uriah Seymour to be Sur- 
veyor of Lands in and for the county of Litchfield. 

On the memorial of Daniel Benedict jun"", and other inhab- 
itants of the first society in Danbury, representing the divi- 
ded circumstances of said society and praying as per memo- 
rial on file : Resolved, that it be and it is hereby recommended 
to the memorialists and the rest of said society, with forbear- 
ance, condescention and charity, to unite and mutually agree 
in the choice of a council to be convened sometime before the 
sitting of this Assembly in October next, to hear the parties, 
heal their differences and divisions, and restore peace, har- 
mony and union among the inhabitants of said society; that 
in the meantime and during such propos'd procedure, no dis- 
tress or lawsuits be made and prosecuted against the memo- 
rialists for any society rate or other matters relative to their 
divisions and contentions. 

On the memorial of Tom Shermon and his wife Eunice 
Shoron, and Sarah Slioron, Indian natives of Poquonuck in 
the town of Stratford, preferred to this Assembly in October, 
1763, representing that the}'', together with many other 
Indians long since dead or dispersed into other places, were 
lawfully seized of about eighty acres of land at a place com- 
monly called Golden Hill, in said Poquonuck; that they for 
many years enjoyed the same till some few years past, when 
said lands were all except about six acres thereof taken from 



368 PUBLIC RECORDS [May, 

them, and they thereof unjustly disseized by Gamaliel French 
and sundry others, and that in August, 176.'}, one Richard 
Hall had also unjustly entered and disseized them of said 
remaining six acres, to their grievous wrong and injury ; 
thereupon praying relief &c. : Benjamin Hall, Jabez Hamb- 
lin and Robert Treat, Esq^^, were appointed to repair to said 
Poquonuck, and to hear and examine into said matters, and 
thereof make report &c. ; which report being accordingly made 
to tins Assembly in May, 1764, come to this time by sundry con- 
[146] tinuances : And now, on consideration thereof had, || 
this Assembly do not approve the same, and do thereupon 
further resolve and order, that Jabez Hamlin, Elisha Sheldon 
and Robert Treat, Esq'^, be and they are hereby appointed 
a committee with full power and authority, to examine into and 
discover said matters of grievance ; and of what they find, 
with their opinion of what may best be done to relieve the 
same, to make report to this Assembly as soon as with con- 
venience may be. And that, in order thereto, said commit- 
tee by the easiest and most effectual means find out who 
and where are the claimants of said lands in their several 
dispositions and them notify of time and place to be by them 
appointed for said business, as also that such claimer or pre- 
tended claimer must be prepared in some satisfactory man- 
ner to shew their right to their said lands ; that they sum- 
mon in all parties, persons and witnesses, on reasonable re- 
quest, and tliem hear and examine touching the premises on 
oath or otherwise, and by all probable and reasonable meas- 
ures to discover and find out the truth and right of the mat- 
ter, and as well to make as to hear all probable and practi- 
cable proposals for quieting said controversy, either by some 
equivalent or compensation in whole or in part by other lands 
or otherwise. 

Upon the memorial of Timothy Rose and others, shewing 
that upon representation made to this Assembly in October, 
1762, that a highway might be made without great cost 
from the court-house in New Haven through the society of 
Oxford to the meeting-house in the society of Southbury in 
the town of Woodbury, which would be shorter and much bet- 
ter than the road now used by Darby neck ; this Assembly ap- 
pointed Benjamin Stiles, Stephen Upson jun^, and Roger 
Sherman a committee, to view and mark out the best place 
for such highway and report to this Assembly their opinion 
of the necessity and convenience thereof, which committee 
made their report to this Assembly in May, 1763, that they 
were of opinion that a good road might be made from said 



1765.] OF CONNECTICUT. 369 

court-lionse to said meeting-liouse with but little cost and 
charge, wliich will l)e much better than the road now used by 
Darl)}^ and about three miles shorter, allowing the same to go 
by Darby upper bridge &c., and that the same would be of 
common conveniency and advantage, which report was not 
then accepted ; praying that the same may now be accepted 
and approved by this Assembly, with some alteration, and 
that a committee may be appointed to lay out said highway 
<fec., as by their memorial on file : Resolved by this Assem- 
bly, that John Fowler, Messrs. Stephen Upson juu'" and 
Joseph Hall jun"" be and they are hereby appointed a commit- 
tee to lay out said highway, and they are hereby directed pai-- 
ticularly to mark out and bound the same by some notable 
and durable monuments in all those places where it is need- 
ful to alter or vary from the highways already laid out, and 
[147] that said committee lay out the same || where they shall 
judge most convenient for the publick and least prejudicial to 
any particular persons, and as near as may be witli conven- 
iency agreeable to the following description -y^'^.' From said 
court-house in the highways already laid out and used to 
Joshua Speary's dwelling-house ; from thence in tlie most 
convenient place to the top of the great hill, so called, in 
New Haven ; then in the road leading to Waterbury to Isaac 
Ford's dwelling-house ; from thence in the best and most con- 
venient place to tlie highway on the south side of Bladens 
Brook, near where the same crosses the west line of New 
Haven township ; from thence in the roads already laid out and 
used by said Bladens Brook and over the said upper bridge in 
Darby, and by the meeting-house in said Oxford to Nathan 
Buckingham's dwelling-house, which is within the bounds of 
the town of Darl)y; then turning on the north side of said 
Buckingham's house west 26 degrees north on said Bucking- 
ham's land 46 rods ; then north 40 degrees west 172 rods; 
then north 43 degrees west 86 rods to Woodbury line south- 
ward of Joseph Towner's dwelling-house to an old highway; 
then in or near said old highway to John Towner's dwelling- 
house ; then leaving said old highway northward of said John 
Towner house and running west six degrees north 84 rods ; 
then west 31 degrees north 100 rods ; then north 36 degrees 
west 54 rods to an old highway near Ebenezer Brownson's 
dwelling-house in said old highway; from thence by Charles 
Strong's dwelling-house into the country road leading to said 
South bury meeting-house from Darby. 

And it is further enacted and resolved hy this Assembly^ 
That the respective towns within whose bounds said higli- 
47 



370 PUBLIC RECORDS [May, 

way is to he laid out shall pay the charges of laying out the 
same and all tlie damages which any particular persons shall 
sustain in their lands or property thereliy as the selectmen of 
said towns and the parties interested may agree, or otherwise 
as the same shall be apprized by said committee ; and that 
said committee make return of their doings in the premises 
to this Assemldy in October next. 

Upon the report of John Chester, Elisha Williams and 
James Wadsworth jun"", Esq^s, a committee appointed by this 
Assembly on the memorial of the selectmen of Midletown in 
Hartford county, Moses Busli, Jeremiah Goodrich, David 
Sage, Nathaniel White, Daniel Sliepard, and others of the 
third society in Midletown, and by Samuel Ashpo, an Indian, 
for himself, and agent for sundry Indians, proprietors of land 
in Midletown at a place called Wongunk, shewing to this As- 
sembly that the town of Midletown, in the year 1675, granted 
and recorded to twelve Indians, to them and their heirs for- 
ever, three hundred acres of land at or near a place called 
Wongonk, which said land is situate near the center of said 
society, and the meeting-house being placed about the middle 
of said land, and the land so situate is a great disadvantage 
to the settlement of said society, and that the present owners 
and claimers to said land, men, women and children, were 
but about forty in number, and they had dispersed them- 
selves and lived in diverse places all of them, except one 
squaw and two or three children that lived on said land, and 
one old blind squaw, the widow of Cushoy a late sachem, and 
she not being able to help herself is supported by said select- 
men, and that said Indians many of them are civilized and 
christianized, and are settled in other places, and have leased 
out some of the land, and some encroachments made on it 
&c. : Said report being read, on which it appeared to this 
Assembly that the said three hundred acres granted as afore- 
said has part of it, about seventy acres, been formerly bar- 
gained and sold with the liberty of the town of Midletown by 
the Indians for the settlement of a minister and building 
place for a meeting-house, and highways that are needful to 
accommodate travellers, and that the Indians had sold and con- 
veyed several small pieces of land, and that what remains is 
now about two hundred acres, and what has been by them 
sold there has no disputes arisen about the sale thereof, and 
the number of those that at present claim to have a right in 
said land is about thirty, and the Indians have bought and 
sold to one another and given deeds well acknowledged by 
the civil authority, and that the selectmen have already for 



1765.] OF CONNECTICUT. 371 

the support of said blind squaw expended twenty-one ])ounds 
fifteen shillings and tenpence half-penny, and that one Toni- 
Cushoy, deceased, who was an agent and ])r()])rietor of said 
[148] land, was justly indebted || to Doctor Aaron Roberts, 
who took care of and did for him in his last sickness, to the 
sum of five pounds two shillings, and that this Assembly liad 
apparted to an Indian called Dick Ranney ten acres of said 
land ; and the said committee were of the opinion that it 
would 1)6 most for the benefit of said society and for the inter- 
est of the Indians that said remaining part should be sold by 
a committee appointed by this Assembly to ascertain the pro- 
portion each one ought to have, and that the avails of said 
land should be laid out for the benefit of said Indians claim- 
ing to be owners thereof, (the debt due to the town of Midle- 
town and the said Roberts being first paid,) in equal shares 
or proportions, in such way and manner as said committee 
shall judge most for advantage and most agreeable to those 
of them who are in some degree able to judge for themselves, 
unless it should be thought that some part thereof be held in 
the hands of said committee until it be known Avhether any 
other owner or owners should hereafter ap|)ear and make out 
his or their claim ; and some of the chief of said Indians 
with divers others appeared before this Assembly, and by a 
writing under their hands praying that said report may be 
accepted and a decree thereon made, as may appear ; Where- 
upon this Assembly accept and approve of said report, and 
thereupon by the desire of said Indians it is ordered and de- 
creed, that the abovenamed John Chester, Elislia Williams 
and James Wadsworth jun^ with William Welles, Esq'', be 
and they hereby are appointed a committee with full power, 
to hear, examine and determine who are the rightful heirs of 
said remaining land, and how and to whom, and in what pro- 
portion, it ought to be disposed of after the aforesaid debts 
are paid out of the avails of said land, and to join with and 
assist the owners of said land in disposing thereof, either in 
part or whole for other lands, as said committee shall see fit; 
and to save foi' the use of such of them as incline to live on 
said land a sufficient quantity thereof for that purpose, and 
set and sequester the same to them accordingly , and in all 
respects do what shall appear to be just and right with regard 
to said Indians and every of them, according to their best 
skill and judgment in the premises. 

Upon the petition of Henderson Inches, of Boston in the 
Province of the Massachusets Bay, representing that he 
brought his action against Freegrace Adams, of Nuffield in 



?,72 PUBLIC RECORDS [May, 

the coiiuty of Hartford, to the county court held at Hartford 
in said county (hy writ of partition) on the first Tuesday 
of November, 1759, dechiring that lie together with the de- 
fendant as tenant in common did hold a certain tract of land 
in said Suffield containing in quantity sixty acres &c., demand- 
ing partition iheveoi, viz : the one moiety to be apparted to 
the plaintiff, the other moiety to the defendant in severalty, 
&c., which afterwards, per review, appeal &c., came to the 
superior court held at said Hartford on the first Tuesday of 
September, 1760, when and wliere the said parties joined in 
issue whether or no the plaintiff and defendant did hold the 
said land in manner and proportion as set forth in the declar- 
ation ; that at said tryal, to evince that said parlies did hold 
said land in such manner and proportion &c., and especially 
that the petitioner had derived a title to the one half of said 
sixty acres from the said Freegrace, (which was the only dis- 
pute in the case at said tryal,) the plaintiff produced and ex- 
hibited in evidence thereof a certain deed of bargain and sale 
well executed by one Abraham Adams and the said Free- 
grace, dated February 20tli, 1756, in and by which for the 
consideration of one hundred and seventy-three pounds, law- 
ful money, they had sold and granted unto the petitioner the 
one half of said land in common &c. ; that the aforesaid 
deed was acknowledged only by the said Abraham, and that 
said Fieegraee refused to acknowledge the same ; that the 
jury in consideration thereof were of opinion that by said 
deed nothing was conveyed by said Freegrace to the petitioner, 
and [for] that reason only found that the plaintiff and defen- 
dant did not hold the land whereof partition was demanded 
in manner and proportion aforesaid, and returned their ver- 
dict accordingly, which was accepted by said court &g. and 
judgment tliereon had ; that said deed was made and exe- 
cuted for the security of a just debt of one hundred and 
seventy-three pounds, lawful money, and was made botia fide, 
and that the said defendant ought to be estopped to say any- 
thing against his own deed &c., and that it was his own fault 
only that he did not acknowledge said deed, and that the peti- 
tioner had not by any means forfeited his right to hold said 
l,and until said debt and interest was paid &c. ; praying the 
enquiry and equitable interposition of this Assembly, &c.: 
Resolved by this Assembly, that John Chester, Esq"", of 
Weathersfield, William Wolcott, Esq'', of Windsor, and Samuel 
Talcott, Esq , of Hartford, be and they are hereby appointed 
a committee to enquire into all the matters referred to in said 
petition, by the oaths of the parties or othei'ways, and to make 



1765.] OF CONNECTICUT. 373 

tlicir report of what tliey shall fiiul in ihc premises to be just 
and riiilit, to this Assembly in the present session or to the 
Assembly at the session in October next. 

Upon the report of John Chester, William Wolcott and 
Samuel Talcott, P'sq'% a committee appointed by this Assem- 
bly to enquire into the matters referred to in the petition of 
Henderson Inches of Boston, representing that he brought 
his action against Freegiace Adams, of Suffield in the county 
of Hartford, to the county court held at Hartford on the first 
Tuesday of November, 1759, demanding ])artition of a cer- 
tain tract of land in said Suffield, in quantity sixty acres, 
viz: that the one moiety thereof should be apparted to the 
plaintiff and the other moiety to the defendant in severalty, 
ifec, which by review, appeal &c., came afterwards to the 
[149] superior court held at said Hartford || on the first 
Tuesday of September, 1760, when and where the said parties 
joined in issue, whether or no the plaintiff and defendant did 
hold the said land in manner and proportion ns set forth in 
the declaration; that at said tryal, to evince that the said 
parties did so hold said land, and especially that the plaintiff, 
viz: the petitioner, had derived a title to the one half of 
said sixty acres from the said Frcegrace Adams the defend- 
ant, which was the only dispute in said cause, the petitioner 
produced and exhibited in evidence thereof a certain deed of 
bargain and sale well executed by one Abraham Adams and 
the said Freegrace Adams, dated the 20th day of February, 
1750, in and by which for the consideration of one hundred 
and seventy-three pounds, lawful money, they had sold and 
conveyed unto the petitioner the one half of said land in 
common, &c.; that the aforesaid deed was acknowledged only 
by the said Abraham, and that the said Freegrace refused to 
acknowledge the same; that the jury in consideration thereof 
were of opinion that by said deed nothing was conveyed by 
the said Freegrace to the petitioner, and returned their ver- 
dict accordingly, wdiich was accepted by said court and 
judgment thereon had ; that said deed was made and exe- 
cuted for the securing a just debt of one hundred and seventy- 
tln-ee pounds, lawful money <kc. : reporting that having heai-d 
the parties, tlieir evidences c*i:c., they find that the said Abra- 
ham and Freegrace w^eie justly indebted to the petitioner in 
the sum of £173, lawful money, as mentioned in said deed, 
at the time of the date thereof, and the said Freegrace and 
Abraham then signed, sealed and delivered said deed for the 
securing of said sum and interest, and the petitioner accepted 
the same and gave up the other security he had for said debt 



374 PUBLIC RECORDS [May, 

and interest, and that the said Abraham only acknowledged 
the said deed, and the [said] Freegrace refused to make such 
acknowledgement; that the petitioner had not ever been paid 
any part of said debt and interest, but had by such refusal 
lost his said security; and that it was their opinion that the 
said Freegrace ought to pay the one half of said sum of X173, 
and interest from the date of said deed &c. : It is therefore 
resolved and decreed by this Assembly, that the said Free- 
grace shall make, execute and acknowledge, and lodge with 
the Secretary for the use of the petitioner, a good and ample 
deed of conveyance (at or before the 28th day of June next,) 
of the one half in quantity and quality of his said land men- 
tioned in the said petition, exclusive of the buildings thereon, 
(which were not intended to be included in said first deed ;) 
and on failure thereof execution shall be awarded and issued 
in due form of law in favour of the said Henderson Inches, 
against the said Freegrace, for the one half of said debt and 
interest thereof as aforesaid, being in the whole <£134 5s. Id. 
lawful money. 

Upon the report of Jabez Hamlin, Elisha Williams and 
William Welles, Esqi'^a committee appointed by this Assem- 
bly at their sessions in October last, to examine and enquire 
into the cause and matters referred to in the petition of 
James Phelps of Windsor, vs. Joseph Remington jun"", of 
Suffield, then and still depending, relative to the doings of 
certain arbitrators, who had awarded the petitioner to pay a 
large sum to the said Remington &c., and that on the first 
day of January, 1763, they found that Daniel Alderman of 
Symsbury did by his note under his hand promise to pay to 
the petitioner and petitionee jointly the sum of one hundred 
and fifty pounds. New York currency, as an indemnity to 
them for being bound for him, the said Daniel, which note 
was in the hands of the jjetitionee and witheld from the 
petitioner; and that they also found that at the same time 
the petitioner promised to give the petitionee a legal and 
ample deed of the one half of a certain farm of the said 
Alderman's within fifteeen days from said first of January ; 
that an action had been commenced on said promise, and 
being referred to said arbitrators by rule of court they 
awarded the petitioner to pay to said Remington for his fail- 
ure to perform said promise the sum of =£94 Os. 2d. lawful 
money, and cost, and that judgment had passed thereon and 
execution been granted and satisfied by the petitioner ; that 
said arbitrators did not proceed by a just rule in awarding 
said sum, and that upon the whole matter it was their opin- 



1765.] OF CONNECTICUT. 375 

ion that in justice and equity the said Remington should now 
pay to the petitioner the sum of thirty-live pounds fourteen 
shilHiigs and five pence, lawful money, and that botli the 
petitioner and petitionee have equal riglit to tlie note given 
by the said Alderman as abovementioned : Whereupon it is 
resolved by this Assembly, that the said Joseph Remington 
shall pay unto the petitioner the sum of <£34 14 5, and that 
execution in due form shall and may be granted for the levy- 
ing the same by the Secretary. And it is further decreed 
and resolved, that the said Remington shall suffer and permit 
the said petitioner to have and take tlie benefit of the one 
half of said obligation by tlie [said] Alderman to them 
jointly executed as aforesaid. Ex. granted June f)th, 1765. 

Upon the petition of James Richardson of Stonington, rep- 
resenting to this Assembly that he had a controversy with 
Benjamin Bancroft of Suffield, relating to their book-accounts, 
charter of the sloop Gull, as also some goods and mer- 
chandize said to be received by said petitioner to sell for said 
Bancroft at the Havanna in the year 1762, which controversy 
was referred to the arbitrament of Messrs. Jonathan Trumble, 
Ebenz. Backus and Joseph Chew, Esq''^, who awarded said 
petitioner to pay said Bancroft the sura of £467 10s. lOd. 
lawful money; that a recovery is had in favour of said Ban- 
croft against said petitioner for the sum of £493 13s. 10c?.; 
that upon an execution granted on said judgment said peti- 
tioner is now held in prison &c. ; further representing, that 
since the time of giving said award said petitioner has found 
new evidence &c. material to the matters submitted &c. ; 
praying for relief &c , as per petition on tile: Resolved by 
this Assembly, that John Chester, Jabez Hamlin, Esq''^ and 
Mr. Jonathan Welles of Glastonbury !)e, and they are hereby, 
appointed a committee to enquire and examine into all the 
matters submitted to said arbitrators as aforesaid, and to 
[150] settle and adjust the same between || said parties in 
equity, and make return of their doings to this Assembly at 
their sessions in October next ; and that upon said petitioners 
giving bond with surety to the Treasurer of this Colony in 
the sum of six hundred pounds, lawful money, to be paid to 
said Treasurer upon condition said petitioner shall not render 
his body to be taken on any such execution as shall be granted 
on such decree as may be made by this Assembly on the 
return of said committee on the matters aforesaid, in case 
any such decree shall be made in favour of said Bancroft, 
that then upon executing said bond and leaving the same in 
the hands of the sheriff of the county of Hartford, the said 



376 PUBLIC RECORDS [May, 

petitioner be discliarged from liis present imprisonment 
accordingly. 

Wliereas Natlian Curtiss, of Walliiigford in tlie county of 
New Haven, brought his petition to this Assembly in October 
last, representing that his late father, Nathaniel Curtiss late 
of said Wallingford, deceased, by will gave him a piece of 
land at Chestnut Ground, so called, and another piece at 
Plainfield, and the remainder of his estate (besides some 
legacies) to Nathaniel Curtiss junf, and made them his exec- 
utors ; that said Nathaniel the elder in the latter part of his 
life failed in his reason and was put under the care of select- 
men and afterwards of a conservator, and whilst under such 
circumstances said Nathaniel jun"" persuaded him to make 
deeds of gift of a considerable part of the estate then belong- 
ing to him unto the said Nathaniel jun"" ; that said Nathan 
refusing to meddle as executor in said will, said Nathaniel 
jun"" proceeded to make an inventory of said deceased's estate 
and of the debts, whereby it appeared that the debts con- 
siderably exceeded the moveable estate ; that said Nathaniel 
jun"" pretended to claim the estate so left to him as aforesaid 
by force of said deeds of gift and refused to put the same 
into the inventory of his fathej^-'s estate, whereby said estate 
appeared to be insolvent, no land being put into said inventory 
except said land at Chestnut Ground so given to said Nathan ; 
that said Nathan proceeded to sell said land at Chestimt Ground 
agreeable to the direction of the court of probate ; praying 
that a committee might be appointed, &c. : And whereas 
upon agreement of the parties to said petition Roger Sher- 
man of Newhaven, Esq"", and Messrs. Macock Ward and 
Titus Brocket, both of said Wallingford. were appointed a 
committee to examine and consider the matters and things 
stated and alledged in said petition, and enquire in what 
manner and by whom the debts due from said estate should 
be borne and paid &c., and report their opinion thereon; 
which committee have made report to this Assembly that 
some part of the debts ought to be paid out of the estate 
given to the petitioner in said will, and that the said land at 
Chestnut Ground, sold as aforesaid, surmounts the petitioner's 
proportion of said debts the sum of forty pounds; that it will 
be best that the purchasers hold said land at Chestnut Ground, 
and that the petitionee pay to the petitioner said sum of forty 
pounds, and that the petitioner ought to have and hold the 
other two pieces of land given by said will and the petitionee 
have the residue of the estate of said deceased and pay all 
the remainder of the debts due therefrom &c., as per said 



1765.] OF CONNECTICUT. 377 

report on file appears : Resolved by this Assembly, that the 
said report of said committee be and tlie same is hereby 
accepted and approved. And it is thereupon further decreed 
and enacted, that the said purchasers shall have and hold the 
said land at Chestnut Ground ; that the petitioner shall hold 
the two other pieces of land given to him by said will, in the 
same manner as he might have done if said last deed of gift 
from said Nathaniel the elder to the petitionee had not been 
made ; that the petitionee shall have and hold the residue of 
the estate of the said deceased and pay and satisfie all the 
remainder of the debts due from said estate, and also that he 
pay and satisfie to the petitioner the said sum of forty pounds, 
lawful money, and his cost, taxed at ,£22 Is. lOd. lawful 
money, and that execution issue accordingly. Execution 
granted May SOi^A, 1765. 

Upon the petition of John Walker, of Hartford in the coun- 
ty- of Hartford, one of the executors of the last will and testa- 
ment of Doctor Normand Morison late of said Hartford, de- 
ceased, brought to the General Assembly holden at said Hart- 
ford on the second Thursday of May, 1764, against George 
Wilmot, of Albany in the Province of New York, therein rep- 
resenting that sometime in April, 176-3, there being a contro- 
versie subsisting between the said executors and said Wilmot 
relating to the book-accounts of said deceased and said Wil- 
mot, the same was by mutual agreement submitted to arbitra- 
tion ; that before the arbitrators in said case the said Wilmot 
produced an account containing a charge of large sums by 
him paid to Philip Livingstone of New York, and in evidence 
thereof exhibited certain receipts under the hand of said Liv- 
ingstone and his clerks, acknowledging to have received the 
same of said deceased by the hands of said Wilmot, which 
sums were by him allcdged and sworn to have been paid with 
his own monies, with which evidences the petitioner was sur- 
prized, said receipts having been in the hands of said deceas- 
ed and by George Smith, one of his executors, delivered up to 
said Wilmot and by him produced as aforesaid, and said arbi- 
trators being limited to a certain short period for delivering 
up their award did not, nor could, give the petitioner time 
to evince that said monies paid by said Wilmot, for which 
said receipts were given, were the pro{)er monies of the said 
Normand and by him remitted to said Livingstone by the hands 
only of tlie said Wilmot, for want of wliicli evidence said ar- 
bitrators allowed said sums in favour of said Wilmot, and 
[151] awarded in his || favour the sum of <£91 2s. ^d. lawful 
money, for which sum said Wilmot hath obtained a judgment 
48 



378 PUBLIC RECORDS [May, 

at law on the note given by the petitioner and said Smith etc. ; 
praying' for a committee A:c., as per said petition more fully 
will appear <tc.: And whereas on the petition aforesaid 
Messrs. Elisha Williams, Erastus Wolcott and Jonathan 
Welles were, by said Assembly in May aforesaid, appointed a 
committee with full power to examine into all the matters 
mentioned and referred to in said petition and make report of 
what they should find with their opinion &c. ; and wheieas 
said committee, after duly notifying and hearing said parties 
on said matters referred to, did make their report to said As- 
sembly at their sessions at New Haven in October last, and 
found that said Wilmot at the time of the decease of said Doc- 
tor Morison was justly indebted to said Morison on the account 
of the sale of six negroes, and on an adjustment of their ac- 
counts the sum of one hundred and seventy-one pounds eleven 
shillings and four pence, lawful money of said Colony, and 
that said Wilmot never had any right or property in the 
money contained in the receipts of Philip Livingstone and his 
clerks, as mentioned in said petition, but that the same came 
into his hands and were allowed by said arbitrators in way 
and manner as complained of in said petition ; and they were 
also of opinion that the doings of said arbitrators mentioned in 
said petition, and the judgment of court on the note therein 
specified, ought to be set aside and rendered null and void, 
and that the said John Walker, in his capacity as executor, 
ought to recover of said Wilmot the aforesaid sum of one hun- 
dred and seventy-one pounds eleven shillings and four pence 
and his costs &c. ; the consideration of which report of said 
committee in October aforesaid was continued and referred to 
the session of this Assembly, and the same being now accept- 
ed and approved &c. : It is thereupon resolved by this As- 
sembly, that the doings of said arbitrators and the judgment 
of court and execution had on the note given as aforesaid, 
with all the proceedings thereon, be set aside and become null 
and void, and the same is hereby made null and void ; and 
that the said John Walker, in his said cai)acity, do and shall 
have and recover of him, the said George Wilmot, the said 
sum of X171 lis. 4id. and his costs, and that execution be 
granted by the Secretary accordingly. Cost allowed is £15 
12 6, laivful money . Ex. granted May2Qth, 1765, 

Upon the petition of David Canada, of Windham, in Wind- 
ham county, shewing that the proprietors of the common and 
undivided land in said toAvn of Windham at their proprietors' 
meeting legally assembled the 28tli day of May, A. D. 1750, 
appointed a committee to make sale of certain lands claimed 



1765.] OF CONNECTICUT. 879 

))V said proprietors as common and undivided lands i?i said 
town situate westerly of the west tier of liundrcd-acre lots, be- 
tween them and the last division of hundred-acre lots, which 
lyeth uj) and down Mcrricks Brook ; that said committee so 
appointed, pursuant to the order and direction of said propri- 
etors and in behalf of said proprietors, proceeded to make 
deeds of conveyance of said land, and on the 23d day of May, 
A. D. 1751, said committee executed a deed of that date to the 
petitioner, for a good and valuable consideration, of about 
tifty acres of said land, with proper covenants of warranty ; 
that your petitioner entered upon said land, improved and 
built upon the same ; that he hath since been evicted of said 
lands by due course of law and wholly lost the same with a 
large sum in damages and cost ; that his only remedy in equi- 
ty is against said proprietors who did impowcr and direct said 
committee and also approve and accept of their doings in the 
sale of said lands and receive the avails thereof ; and praying 
that this Assembly would order and decree that said proprie- 
tors should pay said petitioner the value of said lands in said 
deed contained' at the time he was evicted, and also the 
cost by him expended in defending his claim &c., as per peti- 
tion on file : Resolved by this Assembly, and it is hereby or- 
dered and decreed, that the proprietors of the common and 
undivided land in said town of Windham pay and satisfie un- 
to the said David Canada the sum of eighty-seven pounds seven- 
teen shillings and seven pence, lawful money, and that exe- 
cution in due form go forth accordingly. Cost alloived petition- 
er is £b Is. lOo?. Ex. granted May 31.s<, 1765. 

Whereas upon the memorial of John Spencer of Killing- 
worth, exhibited to this Assembly at their sessions in May, 
1764, shewing that said memorialist some years past purchas- 
ed a dwelling-house in Killingworth and was at large ex pence 
in repairing the same, and agreed with Abel Buel of Killing- 
worth for the exchange of the same for a small house and five 
acres of land in said Killingworth lying at a distance from the 
town street ; that before the deed from said Buel to said me- 
morialist was executed he, said Buel, was apprehended and is 
since convicted of altering bills of public credit of this Colo- 
ny ; that on account of said Buel's disability &c. said memo- 
rialist is liable to be great sufferer &c. ; praying for relief &c. ; 
whereupon Messrs. Nathaniel Hill, Benjamin Gale and John 
Murdock were appointed a committee, to repair to said Kil- 
lingworth, examine into the matters referred to in said me- 
morial, and report with their opinion thereon to said General 
Assembly at their sessions in October, 1764 ; which commit- 



380 PUBLIC RECORDS [Maj, 

tee, having examined into the matters referred to in said me- 
morial, reported tliat tlie contract referred to in said memorial 
was made without fraud &c., and that the said house and five 
acres of land was duly apprized and was of no greater value 
than the consideration said Buel had received for the same ; 
wliich report was accepted accordingly, as per memorial and 
[152] report on file : || It is thereupon resolved by this As- 
sembly, that the title said Buel had (at the time of his being 
apprehended as aforesaid) to said house and said five acres 
of land mentioned in said report be and the same is hereby 
established and confirmed to said memorialist, his heirs and 
assigns, to all intents and purposes, and that a copy of this 
resolve shall be received and admitted in evidence to prove 
the same accordingly. 

Upon the petition of Ozias Goodwin, of Hartford in the 
county of Hartford, representing that on the first day of June, 
1759, he with John Gilman of said Hartford, (since deceased,) 
borrowed of Peter Mallet of Stratford, (who is also since de- 
ceased,) four hundred pounds New York money, two hundred 
pounds whereof was received for the benefit of the petitioner, 
the other two hundred pounds for the sole use and benefit of 
the said John Gilman, and that the petitioner and said John 
agreed to be mutual securities and sureties one for the other, 
and accordingly gave their joint obligation to the said Mallet 
for said four hundred pounds and interest, dated the same 
first of June, 1759, and it was their agreement that each should 
pay their equal part of said obligation, and no more ; that the 
petitioner had long since paid his equal half of the whole and 
hoped and expected that John Bid well and Josiah Gilman, both 
of said Hartford, who are administrators on the estate of said 
John Gilman, deceased, would have paid and satisfied the 
other half of said obligation as was their duty to do, they having 
been advised thereof ; that the executors of the said Peter 
Mallet had sued and recovered judgment against the petition- 
er on said obligation for the sum of £o89 lis. 4:d. New York 
money, and costs, and that execution thereon had issued and 
been levyed on the petitioner and he thereby committed to 
prison and had been held for more than a year &c. ; and al- 
thS he has paid the whole into about fifty-eight pounds, lawful 
money, yet he could pay no more, having no further means or 
estate ; and that all the calamity, restraint and trouble he was 
under had come by the neglect of the said John Gilman, his 
administrators &c. in not paying their half of said original 
debt &c. ; praying for relief, and that the said John Bidwell 
and Josiah Gilman might be compelled to pay to the peti- 



17C5.] OF CONNECTICUT. 381 

tioner the one half of said original debt and interest thereon to 
tlie time of said judgment, amounting to X246 Oa. 0(7. York 
money, and a further sum for the cost, trouble and imprison- 
ment of the petitioner, which he suffered by the neglect of said 
administrators in not paying their part of said debt &c., or to 
appoint a committee to enquire tfec. : Resolved by this As- 
sembly, that John Chester, Zebulon West and Erastus Wol- 
cott, Esq^s be and they are hereby appointed a committee to 
enquire and examine into the matters referred to in said peti- 
tion, and to make report of what they shall find just and equit- 
able in the premises either to this or the next sessions of the 
Assembly. 

Upon the report of Jonathan Trumble, Benjamin Hall, Shu- 
bael Conant, Elisha Sheldon and Jabez Huntington, Esqi'S a 
committee appointed by this Assembly on the petition of Eb- 
enezer Mix of Hartford, vs. John Eliot, late of New Haven 
now of Spencer in the Province of the Massachusets Bay, 
complaining that said Eliot had over-reached and defrauded 
the petitioner in the purchase of certain lands of the said 
Eliot and his wife, and that in consideration of said purchase, 
which was made on the first day of July A. Dom. 1760, he, the 
petitioner, made and executed to the said Eliot three notes of 
hand, all of near that date, one for payment of four hundred 
twenty-six pounds thirteen shillings and four pence, lawful 
money, in one year then next, one other for the same sum in 
two years then next with interest 'after one year, also one 
other payable in three years for the same sum with interest 
after one year, and judgments having been by the said Eliot 
recovered against the said Mix on the several notes aforesaid 
ifec, one of which notes having been by said Eliot sold and 
assigned to one John Flagg of said Spencer ; and the said 
committee having been instructed to enquire into the whole 
conduct of the said parties &c. ; and the said committee now 
reporting that after having heai-d the said parties and their 
disclosings under oath, relative to the matters aforesaid, they 
judge tliat both parties have been to blame, and that accord- 
ing to the common course of trading &c. said Eliot's conduct 
hath been such as doth justly intitle the petitioner to the con- 
sideration of one hundred and thirty pounds money &c., and 
that said Eliot discount the same on the judgments afore- 
said, (exclusive of that obtained on the note sold to Flagg &c. ;) 
which report is accepted and approved : And thereupon it is 
resolved and decreed by this Assembly, that the said Eliot 
shall discount and abate to the petitioner on one or other of 
the judgments recovered as aforesaid, (exclusive of that sold 



382 PUBLIC RECORDS [May, 

to the said Flagg,) the aforesaid sum of one hundred and thir- 
ty pounds, lawful money, and that on his doing tlie same l)y 
some proper entry or endorsement made the executions on the 
judgments aforesaid be no longer stayed. 

Upon the petition of Daniel Brainerd of East Fladham, 
shewing to this Asseml)ly that at the superior court held by ad- 
journment at Hartford within and for the county of Hartford 
on the last Tuesday of July, 1764, Thomas Williams of Alba- 
ny, administrator on the estate of John Brown, deceased, ob- 
tained two judgments against said petitioner : one for the sum 
of one hundred and thirty pounds sixteen shillings and nine 
pence, lawful money, and cost taxed at eight pounds five 
shillings and eight pence, lawful money ; and the other of said 
judgmentsfor thesumof seventy-five pounds seventeen shillings 
and ten pence, lawful money , and cost taxed at eight pounds five 
shillings and ten pence, lawful money ; that said petitioner also 
obtained judgment at the same court in his favour against the 
[153] estate of said deceased || in the hands of said Williams for 
the sum of one hundred and fifty-seven pounds twelve shillings 
and six pence, lawful money, and cost taxed at ten pounds 
nineteen shillings and six pence, lawful money, and that ex- 
ecutions were issued on all said judgments and put into the 
proper officers hands to collect the sums due thereon ; that 
the said execution in favour of said petitioner is returned en- 
dorsed non est mventus, &c. ; that said Williams refuses to 
discount &c. ; praying for relief &c. ; as per petition on file : 
Resolved by this Assembly, that the said judgments and exe- 
cutions be and the same are hereby accordingly discounted as 
prayed for ; and to effectuate such discount it is further re- 
solved, that the aforesaid execution of said judgment in favour 
of said Williams for the sum of £130 16s, 9c?. and £8 5s. 8d. 
cost shall be and remain in the files of the clerk of the superior 
court and not renewed nor any alias execution be granted on 
said judgment upon which it issued, for any part of said sum ; 
and that an alias execution shall not be granted on said other 
judgment in favour of said Williams for said sum of £15 12s. 
6d. debt and X8 5s. Sd. cost, for any more than the sum of fifty- 
four pounds thirteen shillings and eleven pence, lawful money, 
but for that sum only ; and that no alias execution shall be 
granted on said judgment in favour of said petitioner, but that 
the sum contained therein shall be discounted on said other 
executions as aforesaid ; and that the clerk of the superior 
court conform hereto accordingly. 

Upon the memorial of Yale Bishop, late of Newhaven now 
of Wallingford in the county of Newhaven, shewing that on 



17G5.] OF CONNECTICUT. 383 

the 17th clay of March, 1757, he borrowed fifty-fiTC ])oiinds, 
lawful money, of Capt. Joseph Trc^wbridge, then of said New 
Haven (since deceased,) and for the secnirity for the payment 
of said sum by the first day of March then next, and for no 
other consideration, he gave the said Joseph Trowbridge an 
absolute deed of sale of his dwelling-house and home-lot situ- 
ate in said New Haven, containing half an acre and eleven 
rods of land, bounded westerly on highway or town street, 
northerly on the town lot, so called, easterly on tiie home-lot 
of Timothy Jones and the heiisof William Diodate, deceased, 
and south on land of John and Experience Brainerd, and on 
the same 17th day of March, 1757, the said Joseph Trow- 
bridge, by a bond under his hand and seal of that date, bound 
and obliged himself, his heirs, executors and administrators, 
to the memorialist in the penal sum of three hundred pounds, 
lawful money, to reconvey said house and land to the memo- 
rialist within ten days after the payment of said sum of £55 
Os. Od., provided the same should be paid by said first day of 
March ; that afterwards the said Joseph Trowbridge consent- 
ed that the memorialist should have the use of said sum for 
a further time after said first day of March, on the security 
aforesaid, and that on the 2d day of May, 1TG5, the memorial- 
ist paid to John Whiting, Esq"", and Mr. Enos Ailing, execu- 
tors of the last will and testament of the said Joseph Trow- 
bridge, deceased, the sum of £78 13s. Od. lawful money, in 
full satisfaction of said sum of £55, borrowed as aforesaid^ 
"with the lawful iuterest for the same to that time, and took 
their receipt for the same ; praying this Assembly to impower 
said executors to reconvey said house and lot to the memo- 
rialist, as by said memorial on file appears : Resolved by this 
Assembly, that the said John Whiting, Esq"", and Mu. Enos 
Ailing be and they are hereby fully impowered to reconvey 
said house and land unto the memorialist, and to execute 
proper deed for that purpose, which shall be good and valid in 
the law for holding the premises unto the said Yale Bishop, 
his heirs and assigns, against all claims that may be made 
thereto by the heirs of the said Joseph Trowbridge by virtue 
of the deed given by the said Yale Bishop to the said Trow- 
bridge as aforesaid. 

Upon the memorial of the east and west societies in Ston- 
ington, shewing to this Assembly that on the death of the Rev- 
erend Mr. Ebenezer Rossiter, pastor of the church in said west 
society, being advised t)y the Reverend Benjamin Lord, Asher 
Rossiter and Jonathan Barber, association's committee, again 
to unite into one ecclesiastical society, and the said east and 



384 ruBLic RECORDS [May, 

west societies accordingly having agreed tliereupon and made 
application to this Assembly for that purpose, as per memori- 
al on file &G. : Resolved by this Assembly, that the said east 
and [west] societies in said Stonington be again united and 
become one entire ecclesiastical society, to be for the future 
called and known by the name of the first society in said Ston- 
ington, and they are hereby united, created and made one en- 
tire ecclesiastical society, with all the priviledges and immu- 
nities by law allowed to other ecclesiastical societies in this 
Colony are vested with, and enjoying the same priviledges and 
advantages which the said east and west societies have here- 
tofore severally had and enjoyed ; and that they, the said east 
and west societies, be and they arehereby inabled and impow- 
ered as separate and distinct societies, to act and transact any 
society or parish affairs to compleat the settlements referred 
to in said memorial until the first day of December next ; and 
Joseph Denison, Esq"", of said Stonington, shall be and he is 
hereby fully impowered and authorized, by himself or other 
person by him for that purpose appointed and directed, after 
said first day of December next and during said month of De- 
cember, to give legal warning to all the inhabitants of said 
first society that are qualified bylaw to vote in society affairs, 
to meet at such time and place as he, the said Joseph, shall 
for that purpose in said first society appoint ; and being so 
met, that he preside as moderator of such meeting in the form- 
ing of said society and choice of all officers and other pruden- 
tials of said society, as occasion may require. 

[154] Upon the memorial of Robert Miller, of Lyme in 
the county of New London, shewing to this Assembly that on 
the 12th of May, 1760, he bought a certain piece of salt 
meadow with three small hammocks of upland, all bounded 
and described in a deed of bargain and sale dated the same 
12th of May, 1760, under the hand and seal of Samuel Beck- 
with, late of said Lyme now deceased, of whom said lands 
were purchased, and that said lands are situate in said Lyme 
and contain about three acres, and that at the time of said 
purchase the memorialist paid to said Samuel the sum of 
twelve pounds, lawful money, as a consideration for said 
lands, and that at the time of said purchase said Samuel exe- 
cuted said deed by signing, sealing and delivering, but that 
said deed by accident had never been either acknowledged or 
recorded ; and it having been fully proved to this Assembly 
by the testimony of the witnesses who set their hands to said 
deed as witnesses, that the said deed was bona fide made and 
executed as aforesaid by said deceased in his life time ; said 



1765.] OF CONNECTICUT. 385 

memorialist praying relief etc. : Resolved by this Assembly, 
that said deed may be entered on the records of L3*riie afore- 
said, and may at. any time be produced and given in evidence 
of the memorialist's title to the lands mentioned and described 
in said deed, and that the same shall Ije as good and effectual 
in law as though the same had been duly acknowledged by 
said Samuel in his life time. 

Upon the memorial of Joanna Kent, of Suffield in the 
county of Hartford, widow of Moses Kent formerly of said 
Suffield, deceased, and administrator on the estate of said 
Moses, shewing that the said Moses on or about the lOtii day 
of March, 1748, died possessed of a considerable estate in 
lands, wliich descended to his only child and heir, Elias Kent 
of said Suffield, then of the age of four mouths; that the said 
Elias hath from his birth been an idiot and wholly unable to 
take care of himself ; that the memorialist, guardian to said 
idiot, hath wholly maintained and supported him for more 
than twenty-one years, and hath expended at least <£175 Os. 
Od. lawful money, in doing the same, more than she hath re- 
ceived out of said idiot's estate or the income thereof &c. ; 
that in June, 1762, slie was appointed conservator, by the 
county court then held at said Hartford, of the person and 
estate of said idiot; that afterwards she exhibited her account 
to said county court for supporting said Elias &c., for their 
allowance &c. ; that said county court being in doubt, whether 
the law enabled them to allow any part of said account ante- 
cedent to her said appointment as conservator ; praying for a 
committee &c. : and whereas at the sessions of this Assembly 
in May last Josiah Bissel, Esq"", and Mr. Alexander Wolcott, 
of Windsor, were appointed a committee to examine into said 
matters &g., and make report to said Assembly in October 
last &G., but said committee failing to report &c. in October 
aforesaid, and were by said Assembly in October aforesaid 
reappointed to examine, report &c., to this Assembly in their 
present sessions, and having now reported agreeable to said 
appointment, that after examining into the matters referred 
to are of opinion and do find upon the adjustment of the 
whole affair, there is due to the memorialist for supporting 
and maintaining said idiot the sum of X175 Os. Ot^. lawful 
money; whi(di report being accepted and approved &c.: Re- 
solved by this Asseml)ly, that Samuel Kent, Esq% of said 
Suffield, be appointed, and he is hereby impowered and a])- 
pointed, to make sale of so much of the real estate of the said 
Elias as to answer and pay the said sum of one hundred and 
seventy-five i)ouuds with the incident charges arising thereon. 
49 



386 PUBLIC RECOEDS [May, 

Upon the memorial of Elijah Whiton and others, inhabit- 
ants in tlie northwesterly and westerly parts of the town of 
Ashford, shewing to this Assembly the great diflficnlties and in- 
conveniencies they have long laboured under by reason of their 
great distance from the meeting-house for divine worship in 
said Ashford, some of them being six, some seven, and others 
more than eight miles distant therefrom &c. ; praying to be 
made and constituted a distinct ecclesiastical society within 
certain bounds and limits described and referred to in said 
memorial, or some other form, or that a judicious committee 
maybe appointed to view their circumstances and make report 
to this Assembly at their next sessions <fec., as per memorial 
on file : Resolved by this Assembly, that Zebulon West, 
Erastus Wolcott and William Pitkin jun"", Esq'^% be and they 
are hereby appointed a committee, to repair to said town of 
Ashford and view the circumstances thereof and that part 
thereof mentioned and described in said memorial within cer- 
tain bounds and limits, and all other attending circumstances, 
and hear all persons and parties concerned, and consider and 
determine whether it be reasonable and expedient that a new 
distinct ecclesiastical society be made and constituted in form 
as prayed for, or in any other form and manner, and make 
report thereof with their opinion thereon to this Assembly at 
their sessions in October next. 

Upon the petition of William Cummins of Mansfield, shew- 
ing to this Assembly that David Jeffers, Thomas Gray and 
Dorcas Laughton, all of Boston, the only acting executors of 
the last will and testament of Henry Laughton late of said 
Boston, deceased, brought their action against him, the peti- 
tioner, to the adjourned county court held at said Windham 
on the 3d Tuesday of February, A.D. 1764; that said action 
came to a final tryal before the superior court held at Wind- 
ham on the 3d Tuesday of March, 1765, when and where judg- 
ment was rendered in said action on a general demurrer to the 
[155] declaration, that the declaration was || sufficient, and 
that the said David Jeffers &c. recover of the petitioner £45 
10s. 4:d. debt and £Q 8s. 6d. cost, wherein the petitioner 
complains that said judgment is erroneous, for that the said 
declaration was insufficient, and that no such promise was im- 
plied as set forth in the declaration &c. ; praying that said 
erroneous judgment may be reversed and set aside, and the 
petitioner restored to his damages &c. : Resolved by this As- 
sembly, that the aforesaid judgment is manifestly erroneous, 
and the same is hereby reversed and set aside and declared 
to be null and void, and ordered that the petitioner be restored 



1765.] OF CONNECTICUT. 887 

to all that he hath been damnified thereby, amounting to 

£7 12 2. Ux. (/ranted June 8c?, 1765. 

An Account of the Additions to tlie Lists of Estate and Fourfold Assess- 
ments sent in to the General Assembly from the several To^wns 
hereafter mentioned in May, 1765, viz : 





Additions. 


Fourfold Assessments. 


Lyme, 


£ 469 9 


9 - 


- £ 






Farmington, 


229 14 


9 - 


716 


18 





Lebanon, 


615 10 


- 


1590 


11 





Harvvinton, 


36 1 


- 


- 






Woodstock, 


1745 


- 


24 








Canterbury, 
Windham, 


637 19 

286 18 


- 
- 


690 

22 


4 
16 






Goshen, 


360 12 


- 


- 






Coventry, 
Enfield, 


44 18 
111 6 


- 
- 


488 








Windsor, 


1053 10 


3 - 


569 








Voluntown, 


180 19 


- 


- 






Glastonbury, 
Bolton, 


438 4 
82 6 


6 - 
- 


- 






Ashford, 


887 3 


6 - 


36 


8 





Pomfret, 


1010 9 


- 


- 






Killingly, 


852 12 


- 


- 






New London, 


3928 6 


9 - 


- 






Hebron, 


256 16 


- 


82 


4 





Tolland, 


128 


- 


91 








Derby, 


678 15 


2 - 


379 


7 





East Hadham, 


600 


- 


- 






Plainfield, 


951 10 


- 


80 


16 





Hadham, 


142 18 


- 


11 17 





Branford, 


202 11 


3 - 


- 






New Fairfield, 


294 2 


9 - 


495 


11 





Durham, 


18 


- 


20 


16 





Greenwich, 


1405 11 


6 - 


- 






Guilford, 


177 13 


6 - 


- 






k Stonington, 


858 2 


- 


2828 


8 





I Mansfield, 


403 11 


3 - 


64 


1 





i Colchester, 


624 11 


- 


1747 








i Torring-ton, 


40 


- 


192 


4 





; Stamford, 


220 14 


6 - 


136 


4 





; Wallingford, 


1039 6 


6 - 


. 






Norwalk, 


410 9 


3 - 


_ 






Preston, 


440 7 


6 - 


636 


16 





! New Milford, 


1000 3 


8 - 


- 






! Canaan, 


748 6 


- 


. 






i Ridgfield, 


315 16 


8 - 


472 


4 


7 



388 PUBLIC RECORDS [May, 

582 2 

54 



Coriiwal, 


242 9 





Fairfield, 


933 14 


11 


Sharon, 


1147 7 





Newtown, 


600 





Symsbury, 


104 





Stafford, 


311 18 





Salisbury, 


1637 17 





Say brook. 


900 





New Hartford, 


28 





Norwich, 


283 14 


9 


Milford, 


322 1 


9 


Kent, 


874 





Groton, 


740 





Killingworth, 


287 15 


5 


Midletown, 


425 11 


6 


Woodberry, 


1179 3 


6 


Waterbury, 


879 18 


3 


D anbury, 






Wellington, 


101 4 





Weathersfield, 


556 11 


5 


New Haven, 


2071 19 





Suffield, 


609 2 






72 








1151 


1 





135 


16 





2107 


6 





160 








90 


16 





412 









1235 4 



1227 12 

[156] Upon the petition of Joseph Olcott, of Hartford in 
tlie county of Hartford, representing that on or about the 
month of March, 1758, he was indebted and gave his note to 
Joseph Webb of "Weathersfield, since deceased, for the sum of 
four hundred pounds. New York money, payable in September 
then next ; that afterwards he paid to the said Joseph Webb on 
account of said note the sum of one hundred pounds, lawful 
money, which ought to have been endorsed thereon but never 
was done in his life time ; that the said Webb brought his action 
on said note against the petitioner and recovered a judgment 
for the whole of said sum of said note and interest tliereon, 
and had execution thereon, which the petitioner hath been 
obliged to suffer and pay with large suras lor interest since, 
without any allowance for said <£100 Os. Of?, paid as afore- 
said; praying for relief &c., as per petition on file: Resolved 
by this Assembly, that Samuel Talcott and John Ledyard, 
Esqfs, of said Hartford, be a committee to enquire into the( 
matters referred to in said petition, and report to this Assem-i 
bly at their sessions at New Haven in October next, of whati 
they shall find in the premises, with their opinion thereon 

On the petition of Ebenezer Gillet, of Hebron in t 
county of Hartford, vs. Ebenezer Gillet of Lebanon in t' 
county of Windham, as on file: The question was pu' 



i 



i 



17o5.] OF CONNECTICUT. 389 

whellier tlic prayer of said petition should be granted: 
Resolved by this Assembly in the negative. Cosst allowed 
respondent f.s X6 4 0, lawful money. Ex. granted September 
Uth, 1765. 

On the petition of Thomas Welles, of Glastonbury in the 
county of Hartford, Esq% one of the principal inhalutants of 
said town of Glastonbury, and the rest of the inhabitants of 
said town of Glastonbury, vs. George Wyllys, of Hartford in 
the county of Hartford, Esq"", one of the principal inliabitants 
of said town of Hartford, and the rest of the inhal)itauts of 
the town of Hartford aforesaid, as on file : The question 
was put, whether anything prayed for in the said petition 
should be granted : Resolved by this Assembly in the 
negative. 

On the petition of John Young, William Young jun"", 
Samuel Young and David Young, all of Windham in the 
county of Windham, vs. Andrew Oliver, of Salem in the 
county of Essex and Province of the Massachusets Bay, 
Esq'', as on file: The question was put, whether the superior 
court in proceeding to and rendering the judgment referred 
to in the said petition manifestly erred and missed the law &c. : 
Resolved by this Assembly in the negative. 

On the petition of Ezekiel Pierce, of Plainfield in the 
county of Windham, vs. Jabez Fitch, of Canterbury in said 
county of Windham, Esq"", as on file, preferred to this Assem- 
bly and withdrawn l)y the petitioner, cost is allowed to 
the respondent £2 3 6, lawful money. U.v. granted May 
31s^, 1765. 

On the petition of Charles Gaylord, of Windsor in the 
county of Hartford, vs. Samuel Talcott, of Hartford in the 
county of Hartford, EsqS as on file: The question was put, 
whether anything should be granted on the prayer of said 
petition : Resolved by this Assembly in the negative. Cost 
allowed to the respondent is £1 13 4, lawful money. 

On the petition of Joseph Mather, of Lyme in the county 
of New London, vs. Richard Mather, of Lyme aforesaid, as 
on. file : The question was put, whether in proceeding to and 
rendering the judgment complained of in said petition mani- 
fest error hath intervened: Resolved by this Assembly in 
the negative. Cost alloived respondent is <£1 9 6, lauful 
m,oney. 

On the petition of Daniel Edwards, Esq^jOne of the inhab- 
itants of the town of Hartford in the county of Hartford, and 
the rest of the inhabitants of said town, vs. Phineas Strong, 



S90 PUBLIC RECORDS [May, 

Esq"", one of the inhabitants of the town of Coventry, and 
the rest of tlie inhabitants of said town, as on file: The 
question was put, whether there is error in the judgment 
complained of in said petition: Resolved by this Assembly 
in the negative. 

James P]ly, of Lyme in the county of New London, having 
preferred his petition to this Assembly against Richard Ely 
and Mary Ely, of Lyme aforesaid, as on file, the parties 
appeared, and the respondents moved that bond might be 
given on the part of the petitioner for the prosecution of his 
petition and for answering the damages in case he should not 
make his plea good: Mr, Samuel Holden Parsons, of Lyme 
aforesaid, being present, acknowledged himself to stand 
bound and indebted to the Treasurer of the Colony of Con- 
necticut in the sum of twenty pounds, lawful money, to be 
paid to said Treasurer upon condition that the petitioner doth 
not prosecute his said petition to effect and shall not answer all 
damages in case he makes not his plea good ; and then the 
question was put, whether anything should be granted on said 
petition : Resolved by this Assembly in the negative. Cost 
alloived to the respondents in this case is £2 lis. 6d. Ex. 
granted May 2>d, 1765. 

Upon the memorial of Joseph Curtiss, of Stratford in the 
county of Fairfield, conservator of the person and estate of 
John Johnson of said Stratford, representing that he had 
exhibited his account of expences and disbursments for the 
support of said Johnson to the county court for the county of 
Fairfield, which have been by said court duly examined and 
allowed, amounting to the sum of X12 14s. bd. lawful 
[157] money, || and that the said Johnson hath no personal 
estate for payment of said debt or wherewith he can be sup- 
ported ; praying for liberty to sell so much of the real estate 
of said impotent person as may be sufficient to raise said 
sum &c., as per memorial on file: Resolved by this Assem- 
bly, that the said Joseph Curtiss have liberty, and liberty and 
authority is hereby given and granted to him, to sell and con- 
vey so much of the real estate of said Johnson as may be 
sufficient to raise the said sum of £12 14s. bd. lawful moiiey, 
together with the incident charges of such sale. 

Upon the memorial of Lucretia Smith, of New London in 
the county of New London, representing that at the superior 
court held at New London in September, 1764, she was 
acquitted on tryal l)y judgment of said court of the crime of 
murder wherefor she was prosecuted, and that since she hath 
been confined in gaol for the cost of said prosecution and is 



1765.] OF CONNECTICUT. 391 

[in] a languishinq; condition and not able to answer the same 
by service or otherwise : Resolved by this Assembly, that 
she be discharged and released from gaol ; and the sheriff of 
the connty of New London is hereby directed and ordered 
to release and discharge the said Lncretia Smith from gaol. 

Upon the memorial of James Thomson, conservator of 
the person and estate of Natli' Payne, representing that the 
debts and charges due from said Nathaniel amounts unto 
^35 18 5, and that the credits and moveables sold towards 
the payment of said sum is X9 8, so that there remains 
due <£26 17s, dd. ; praying for liberty to sell so much of the 
real estate of said Nathaniel as shall be sufficient to pay 
said <£2G 17 9, as per memorial on file appears : Resolved 
by this Assemltly, that the memorialist have liberty, and lib- 
erty and authority is hereby granted unto him, to sell so 
much of said estate as shall be sufficient to pay said <£26 
17s. 9tf. together with the charge arising on the sale thereof. 

Upon the memorial of Ebenezer Bradley, administrator 
upon the estate of Ebenezer Bradley late of Newhaven, 
deceased, representing that the debts and charge due fi-om 
said estate surmount the moveable part of said estate the 
sum of £S2 5 6; praying for liberty to sell so much of the 
real estate of said deceased as shall be sufficient to pay said 
sum and incident charge, as per memorial on file appears: 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted unto him, to sell 
so much of the real estate of said deceased as shall l)e suffi- 
cient to pay said sum together with the incident charge of such 
sale; taking the direction of the court of probate for the 
district of Newhaven therein. 

Upon the memorial of Samuel Brown and Collins Brown, 
both of Stonington in the county of New London, executors 
to the last will and testament of Thomas Brown late of said 
Stonington, deceased, representing to this Assembly that the 
debts and charges arising on the estate of said deceased and 
allowed by the court of probate for the district of New Lon- 
don surmount the personal estate of said deceased the sum of 
£73 4 0, and that no provision is made in said will for satis- 
fying the same, and praying for liberty to sell so much of the 
real estate of said deceased as will raise the sum of £73 4 
with the incident charges arising on such sale, as per 
memorial on file : Resolved by this Assembly, that the me- 
morialists have liberty, and lilierty and authority is hereby 
granted unto the said Samuel Brown and (yollins Brown, to 
make sale of so much of the real estate of said deceased as 



392 PUBLIC RECORDS [May, 

will raise the sum of =£73 4 with the incident charges 
arising on such sale ; taking the direction of the court of 
probate for the district of New London therein. 

Upon tlie memorial of Odiah Loomiss and Nathaniel Loo- 
miss the 2d, both of Windsor in the county of Hartford, con- 
servators of the person and estate of Lydia Moore of said 
Windsor, shewing to this Assembly that the expence for sup- 
porting the said Lydia by the allowance of the county court 
exceeded the income of her estate the sum of £10 9 0, lawful 
money, which said sum remained due to the memorialists, and 
that tiie said Lydia had no estate except two pieces of land, 
both lying in Windsor aforesaid, one lying in the meadow, 
containing one acre, the other wood-land, containing seven 
acres, and praying for liberty to sell and dispose of said lands 
for the payment of the aforesaid sum of ,£10 9s. Od. and 
charges arising on the sale thereof &c. : Resolved by this 
Assembly, that the said Odiah Loomiss and Nathaniel Loo- 
miss the 2d have liberty to sell the aforesaid two pieces of land 
referred to in the memorial, for the payment of the said sum 
of j£10 9s. Od. lawful money, and the incident charges aris- 
ing thereon, and that the surplus (if any be) be for the fur- 
ther support of the said Lydia. 

Upon tlie memorial of Lydia Pardee, administratrix upon 
the estate of Daniel Pardee, deceased, representing that the 
debts and charge, with some allowance to the widow, sur- 
mount the moveable part of said estate the sum of £34 15s. 
Id., praying for liberty to sell so nmch of the real estate of 
said deceased as shall be sufficient to pay said sum, as per 
memorial on file appears : Eesolved by this Assembly, that 
the memorialist have liberty, and liberty and authority is 
hereby granted unto her, to sell so much of the real estate of 
said deceased as shall be sufficient to pay said sum together 
with the charge of the sale thereof ; taking the direction of 
the court of probate for the district of Newhaven therein. 

Upon the memorial of Samuel Wakeman jun'", of Fairfield, 
administrator on the estate of Moses Wakeman late of said 
Fairfield, deceased, shewing to this Assembly that the debts 
due from the estate of said deceased surmount his moveable 
estate the sum of £148 2 6, lawful money, and praying for 
liberty to sell so much of the real estate of said deceased as 
will be sufficient to pay said sum &c. : Resolved by this As- 
sembly, that the memorialist have liberty, and liberty and au- 
thority is hereby granted unto him, to make sale of so much 
of the real estate of said deceased as will raise the aforesaid 
sum of £148 2s. 6d. lawful money, with the incident charges 



1765.] OP CONNECTICUT. 393 

arising on sncli sale ; taking directions of the court of pro- 
bate in the district of Fairfield therein. 

[158] Upon the memorial of Martha Harvey, of Fairfield 
in Fairfield county, representing to this Assembly that her 
brother, Thomas Harvey late of said Fairfield and now deceased, 
in and by his last will and testament made and executed in due 
form of law, dated the 24th day of July, A. D. 1747, and since 
that time duly proved and approved according to law, did will, 
order and direct, that after his decease the memorialist should 
be supported and maintained out of his estate as long as she 
should live ; and for that purpose he, the said deceased 
Thomas, in and by said will did order, impower and authorize 
and direct the Reverend Mr, John Goodsell of said Fairfield, 
then in full life but since deceased, the executor in said will 
named, to sell and dispose of the lands of said Thomas after 
his decease from time to time as should be needful for the sup- 
port of said Martha; and that since that time the said Mr. 
Goodsell has been several years since deceased, and that the 
memorialist is by age and infirmity of body become impotent 
and unable to support herself, having no estate of her own, 
and that she is thereby and in procuring the necessaries of 
life become indebted to sundry persons in near the sum of 
£60 O.s. Od. ; praying that some person may be appointed to 
execute the trust in said will at first committed to said Mr. 
Goodsell, who is since deceased, that so much of the estate of 
said deceased Thomas may be sold by such person as shall be 
sufficient to discharge her debts and for her future support 
from time [to time] as shall be necessary : Resolved by this 
Assembly, that Samuel Bradley jun'' of said Fairfield be and 
he is hereby appointed, fully authorized and impowered, to 
execute the trust in said will at first committed to said Mr. 
Goodsel, who is now deceased, with respect to said Martha, 
and to sell so much of the estate of said deceased Thomas 
as shall be sufficient to discharge her debts, and also so 
much from time to time as shall be sufficient for her further 
future support and maintenance, as fully and amply as the said 
Mr. Goodsel might or could have done by force of said will 
when he was in full life. 

Upon the memorial of Nathaniel Judd, James Horsington, 
Daniel Winchel and Ephraim Boardman, all of Farmington 
in Hartford county, representing to this Assembly the great 
inconvenience of attending the public worship of God at the 
usual place in the parish of Kensington in said Farmington, 
by reason of their too great distance &c., and praying to be 
dismissed from said parish and all the duties thereof and an- 
50 



394 PUBLIC RECORDS [May, 

nexed to the parish of South in, u'toii in saidFarmingtoii : Re- 
solved, that Nathaniel Judd, James Horsinii'ton, Daniel Win- 
chel and Ephraim Boardman, to<relher with their respective 
families and lands, be dismissed from all the duties and taxes 
of whatsoever kind that they now are or ever were subject 
unto by virtue of their being part of the parish of Kensington 
aforesaid, and that for the future they, the said Judd, &c., be 
annexed unto the parish of k>outhington in Parmington, and 
become part thereof to all inte-nts and purposes. 

Upon the memorial of Stephen Benedict the second, of Nor- 
walk, administrator on the estate of Betty Benedict late of 
said Norwalk, deceased, shewing to this Assembly that the 
debts due from the estate of said deceased surmount her move- 
able estate the sum of X9 13.s. l^d. lawful money, and also 
further representing that the whole of the real estate of said 
deceased consists in two ninth parts of a house and barn and 
fifteen rods of land, and in one rood of land in the home-lot, 
so called, and also in a right of land in the common field, the 
whole amounting according to the inventory to no more than 
seventeen pounds, lawful money, and that said real estate can- 
not be divided or severed without spoiling the whole, and pray- 
ing that he may [have] liberty to make sale of the whole real 
estate of said deceased : Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 
granted liim, to make sale of the whole of said real estate, and 
that so much of the avails thereof as will be sufficient to satis- 
fie the aforesaid sum of £913a'. 72C?. with the incident charges 
arising on such sale be applied to and made use of for that 
purpose, and that the residue (if any be) be subjected to a di- 
vision among the heirs of said deceased, and shall accordingly 
be delivered over to and divided among said heirs in such pro- 
portion as the court of probate in the district of Fairfield shall 
order and direct. 

Upon the memorial of John Brownson and Anne Baldwin, 
administrators on the estate of John Baldwin late of Litchfield 
in Litchfield district, deceased, shewing to this Assembly that 
the debts due from the estate of the said deceased, with some 
allowance to the widow of the said deceased, surmount the per- 
sonal inventoried estate of the said deceased the sum of £44 
19s. 2d. lawful money ; praying for liberty to make sale of so 
much of the real estate of said deceased as to answer and pay 
the said sum with the incident charges arising on said sale, as 
per memorial on file : Resolved by this Assembly, that the 
memorialists have libci'ty, and liberty and authority is hereby 
granted unto them, to make sale of ^o much of the real estate 



1765.] OF CONNECTTCUT. 395 

of tlie said Jolin Baldwin, deceased, as to answer and pay the 
said sum of £44 19s. 2d. lawful money, with the incident 
charges arising on said sale ; taking the direction of the court 
of probate in the district of Litchfield therein. 

Upon the memorial of RusselKilborne, administrator on the 
estate of widow Mary Kilhorn late of Hartford, deceased, 
shewing to this Assembly tliat the debts due from said de- 
ceased's estate exceed the personal estate the sum of .£6 14.9. 
l^d. lawful money; praying for liberty to sell real estate suf- 
ficient to pay said sum with incident charges c%c., as per me- 
morial on file etc. : Resolved by this Assembly, that the me- 
morialist have liberty and he is fully im])Owered, to make sale 
of so much of said deceased's real estate as to procure said 
sum of £6 14.9. l^d. lawful money, with incident charges aris- 
ing on such sale ; taking the direction of the court of probate 
in the district of Hartford therein. 

[159] Upon the memorial of Thomas Thatcher, adminis- 
trator on the estate of the late Thomas Thatcher of Lebanon, 
deceased, praying for liberty and authority to make sale of so 
much of the real estate of said deceased as will raise the sum 
of £17 Os. 8d. lawful money, for the payment of debts due 
from estate more than the inventoried moveable estate of said 
deceased, and the money raised by a sale which hath been 
already ordered and made : Resolved by this Assembly, that 
the said administrator be and he is hereby authorized and im- 
powered, to make sale of so much of the real estate of said de- 
ceased as will raise the said sum of X17 Os. 8d. lawful money, 
for the payment of stiid remaining debts with the incident 
charges arising on said sale ; taking direction of the court of 
probate in the district of Windham therein. 

Upon the memorial of Joseph Peck, conservator of the 
person and estate of Ebenezer Peck, representing that he had 
expended in supporting said Ebenezer from April, 1764, to 
April, 1765, and some due from the estate of said Ebenezer 
not before exhibited, the sum of £48 13s. 2d. ; praying for' 
liberty to sell so much of the real estate of said Ebenezer as 
shall be sufficient to pay said sum, as per memorial on file 
appears : Resolved by this Assembly, that the memorialist 
have liberty, and liberty and authority is hereby granted unto 
him, to make sale of so much of the real estate of said Eben- 
ezer as shall be sufficient to pay said sum together with the 
charge of the sale thereof. 

Upon the memorial of John Blackman of Newtown, cap- 
tain of the 2d company or trainband in said Newtown, shew- 
ing to this Assembly that the setting off Newberry society, a 



396 PUBLIC RECORDS [May, 

granting a captain's company there has very m^^ch broke the 
company of which the said captain had the command, and 
also shewing to tliis Assembly that the first company or train- 
band in said Newtown has near double the number of his, 
and thereupon desires this Assembly to grant a new division 
of said companies, and that Colo. John Read, colonel of said 
regiment, be directed and impowered to make a new division 
of said two companies in said Newtown and fix and ascertain 
the line between said companies, and make return thereof to the 
General Assembly for establishment <fec. : Resolved by this 
Assembly, that Colo. John Read, colonel of said regiment, be 
appointed and he is hereby appointed and fully impowered, to 
make a new division of the two companies or trainbands 
abovesaid, and to fix and ascertain the line between them, 
and make return thereof to this Assembly in their sessions 
in October next. 

Upon the memorial of Pygan Adams of New London, 
shewing to this Assembly that in the month of August, 1762, 
one Lieutenant Burns, a regular oificer, being on an express 
from Louisbourg to General Amherst at New York, came to 
said memorialist's house and demanded said memorialist to 
impress two good horses to go to Newhaven, which accord- 
ingly was done, for which the owners thereof [demanded j 
twenty-five shillings each, the officer who press'd the same 
ten shillings, and the post fifteen shillings, which sums 
amount to <£3 15s. Od., for which services said officer refused to 
pay anything ; praying this Assembly to order and enact that 
said sums be paid to the memorialist out of the treasury of 
this Colony, to enable him to pay said sums to the persons to 
whom they are due, as by said memorial on file : Resolved 
by this Assembly, that the Treasurer of this Colony pay, and 
he is hereby ordered and directed to pay out of the public 
treasury of this Colony, to said memorialist the aforesaid sum 
of £3 15s. Od. lawful money, for the purposes aforesaid. 

Upon the memorial of Ebenezer Smith of Farmington, ad- 
ministrator on the estate of Ebenezer Smith late of said 
Farmington, deceased, shewing to this Assembly that the 
debts and charges due from said estate, with necessaries set 
out to the widow, surmount the moveable estate of the said de- 
ceased the sum of £73 15s. Sd. lawful money ; praying for 
liberty to sell so much of the real estate of said deceased as 
to raise said sum of £73 15s. Sd. lawful money, with the 
incident charges arising on said sale, taking the direction of 
the court of probate in the district of Hartford therein, as 
per memorial on file : Resolved by this Assembly, that the 



1765.] OF CONNECTICUT. 3l7 

memorialist have liberty and he is hereby fully impowered, to 
make sale of so much of the real estate of the said deceased 
as to raise said sum of £73 15s. ^d. lawful mouey, with the 
incident charges arising on said sale ; he taking the direction 
of the court of probate in the district of Hartford therein. 

Upon the memorial of Abigail Thomson and Stephen Andrus, 
both of Wallingford, executors of tlie last will and testament 
of Joseph Thomson late of said Wallingford, deceased, shew- 
ing to this Assembly that tlie debts and allowances on said 
estate surmount the })ersonal estate of said deceased <£76 9.s. 
8t^. and no provision made for payment thereof by said will 
&G. ; praying that they may be substituted and authorized to 
sell so much of the real estate of said deceased as shall raise 
said sum, as per memorial on file : Eesolved by this Assem- 
bly, that said Abigail Thomson and Stephen Andrus be and 
hereby are substituted and authorized to make sale of so much 
of the lands of the deceased as shall raise said sums with in- 
cident charges arising thereon ; taking the direction of the 
court of probate in the district of New Haven in the premises. 

Upon the memorial of Daniel Blogget, of Stafford in the 
county of Hartford, conservator of tlie person and estate of 
John Huxley of said Stafford, a person incapable of taking 
care of himself, representing to this Assembly that the debts 
and charges due from said Huxley surmount his personal in- 
ventoried estate, which have been examined and allowed, the 
sum of £49 7s. 9c?., as by memorial on file, and praying to 
this Assembly for liberty to sell so much of the real estate of 
said Huxley as to raise the sum of £49 7 9, lawful money, 
with incident charges of sale : Resolved by this Assembly, 
that the memorialist have liberty, and liberty is hereby granted 
him, to sell so much of the real estate of said Huxley as to 
raise the sum of £49 7s. 9d. lawful money, with incident 
charge of sale. 

[160] Upon the memorial of the inhabitants of the second 
society in Stafford, by their agent Capt. Samuel Daviss of said 
Stafford, shewing to this Assembly that some time since said 
society was made and constituted, and number of the inhabit- 
ants in said society ha„ve been released and exempted from 
paying any taxes in said society made for building meeting- 
houses or supporting the ministry ; that said society have pro- 
ceeded to build a meeting-house and settle a minister in said 
society, by means whereof they are considerably indebted and 
unable to discharge those debts and support the ministry 
among them without some relief ; that there are many large 
and valuable tracts of land in said society belonging to non- 



398 PUBLIC RECORDS [^^^Jy 

resident proprietors, which be nnimproved and are of much 
more vakie l)y reason of building said meeting-house and set- 
tling a minister as aforesaid ; and praying this Assembly to 
enable and im})ower them to tax all the lands in said society 
&c., as per memorial on file: Resolved by this Assembly, 
that the inhabitants of said society have full power and 
authority, and full" power and autliority is hereby granted 
them, by their society committee for the time being, to lay or 
assess a tax of one penny per acre on all the lands contained 
within said society annually for the space of four years next 
coming, and to deliver such rate so made unto the collector 
chosen by said society to collect their society rate, which col- 
lector shall have the same power and authority and be under 
the same regulations as is provided by the laws of this Colony 
for collecting of rates or taxes granted on land lying in new 
towns or societies ; and the committee of said society are im- 
powered to order and direct such collector annually to collect 
such land tax by the first day of November annually in each 
year for the space of four years and no longer, and pay the 
same to said society committee for the time l)eing in each 
year, to be improved for the use of supporting the ministry 
and defraying the charge of building the meeting-house in 
said society. 

Upon the memorial of Benjamin Henshaw and Huldah his 
wife, administrators on the estate of William Sumner late of 
Midletown in said Colony, deceased, shewing to this Assem- 
bly that the debts and charges allowed by the court of pro- 
bate for the district of Midletown against said estate sur- 
mount the moveable part thereof the sum of £111 10s. Sd. 
lawful money, and thereupon praying for liberty to sell real 
estate &c., as per memorial on file : Resolved, that the me- 
morialists have liberty and they are hereby authorized and 
impowered, to sell so much of the real estate of said deceased 
as will procure the aforesaid sum of .£111 10 3, together 
with the incident charges arising on such sale, to enable them 
to pay the debts aforesaid ; taking the direction of the court 
of probate for the district of Midletown therein. 

On the representation of the Northern Association in the 
county of Hartford, shewing to this Assembly that the church 
and society of Poquannuck have for many years past been 
destitute of the steady and regular administration of the or- 
dinances of the gospel, without a settled minister among 
them, and but little prospect of a re-settlement, by reason of 
the smallness of said society and the number in opposition to 
the settlement of a minister ; and also on the representation 



1765.] OF CONNECTICUT. 399 

made by a number of the members of the first and sixth 
societies in Windsor, shewing the great difficnlties they are 
under on account of their smallness ; thereupon proposing 
that a committee might be sent to endeavour a union of the 
aforesaid three societies : It is resolved l)y this Assembly, 
that tlie Honi»'e William Pitkin, Esq"", Jonathan Trnmble, 
Esq"", and Hezekiah Huntington, Esqf", be a committee to 
repair to said town of Windsor, notifie said three societies, 
hear or make proposals for a union, and endeavour by the 
most winning and inviting ways and means in their power to 
bring about so happy an event : but if no prospect of union 
of said three societ^ies shall appear to said committee, then 
said committee are to repair to said society of Poquannuck, 
examine into their circumstances, and report their opinion 
wdiat may be expedient for this Assembly further to do relat- 
ing to them. 

Upon the memorial of David Day, Peter Bulkley, Israel 
Wells and Roger Clark, selectmen of the town of Colchester, 
shewing that on the 14th day of February, 1765, by and with 
the advice of Daniel Foot, Esq"", justice of tlie peace, they, 
pursuant to the law in that case provided, took into their care 
and disposal one Alexander Dodge of said Colchester with 
his family and estate, and him disposed in service ; and that 
the said Alexander is indebted in the sura of seven pounds 
and has no effects to pay the same ; praying that they or some 
other meet person might make sale of so much of the real 
estate of said Alexander as shall raise said sum of seven 
pounds with the incident charges thereon, as per memorial 
on file etc. may appear: Resolved by this Assembly, that 
Peter Bulkley, one of the abovenamed memorialists, have 
liberty, and liberty and authority is hereby granted to him 
the said Peter Bulkley, to make sale of so much of said real 
estate of sa,id Alexander as shall raise said sum of seven 
pounds with incident charges thereon, and to execute projier 
conveyance thereof to such purchaser or purchasers thereof. 

Upon the memorial of the inhabitants of the parish of 
New Britain in the town of Farmington in the couuty of 
Hartford, by their agents Daniel Dewey and Noah Stanly, 
shewing that in May, 1754. they were created and made into 
a distinct ecclesiastical society with powers and ])riviledges 
[161] within || certain l)ounds, lines and limits; that Messrs. 
Thomas Sta,nly, Daniel Hart and John Clark and the farms 
on which they then dwelt was and have ever since been 
excluded from said society and the limits thereof, and those 
who now own and live on said lands belong to the first society 



400 PUBLIC RECORDS [May, 

in said Farmiiigton &c.; praying that the said farms and tlie 
owners and inhabitants thereof may belong and be annexed 
to the said society of New Britain &c., as per memorial on 
file : Eesolvcd by this Assembly, that the lands and farms 
of the said Thomas Stanly, Daniel Hart and John Clark, and 
those who now own and inhabit the same, shall for the future 
be annexed to and belong to said society of New^ Britain and 
within the limits of the same. 

Upon the memorial of Hendricka Hogoboom, of Canaan 
in Litchfield county, administratrix on the estate of Barthol- 
omew Hogoboom late of said Canaan, deceased, shewing that 
the debts due from the estate of the said deceased, with some 
allowance to the widow, surmount the personal estate of the 
said deceased the sum of X99 6 6, lawful money; praying 
for liberty to make sale of so much of the real estate of said 
deceased as to pay the said sum of .£99 6 6 &c., as per me- 
morial on file : Resolved by this Assembly, that the said 
Hendricka Hogoboom have liberty, and authority is hereby 
granted unto her, to make sale of so much of the real estate 
of said deceased Bartholomew Hogoboom as to answer and 
pay the said sum of £99 6 6 with the incident charges 
arising on said sale ; taking the direction of the court of 
probate in the district of Litchfield therein. 

On the memorial of Jonathan Kingsbury, of Windham in 
the county of Windham, administrator on the estate of John 
Gould late of said Windham, deceased, shewing to this 
Assembly that the debts due from the estate [of the] de- 
ceased surmount his moveable estate the sum of XoG 10s. 
lOd. lawful money, and that said deceased dyed seized of 
about sixty acres of land with a small dwelling-house thereon, 
lying partly in Windham and partly in Ashford in said county ; 
praying that this Assembly would grant liberty to said me- 
morialist to sell the whole of said real estate and thereof to 
pay said sum of £36 10s. lOc^. with the incident charges of 
said sale, and that the overplus, if any should be, might be 
disposed of according to law; or that if this Assembly should 
judge that the whole of said real estate might not be sold, 
then that said memorialist might be impowered and author- 
ized to sell so much of said real estate as would be sufficient 
to raise said sum of .£86 10s. IQd. lawful money, and the 
incident charges of said sale, as per said memorial on file 
appears : Resolved by this Assembly, that said memoriahst 
have liberty, and liberty and authority is hereby granted to 
him, to sell the whole of said real estate of said estate men- 
tioned in said memorial, and to give authentick deeds of 



17(!5.] OF CONNECTICUT. 401 

conveyance thereof, and thereof to pay said sum of £o{] 10s. 
10(7. lawful money, and the incident charges of said sale, and 
that tlie overplus, if any there be, bo disposed of to and 
among the widow and heirs of said deceased according to 
law &c. 

Upon the memorial of Joseph Enos and Sarah Loomiss, 
executors of the last will and testament of Mr. James Enos 
late of Union in Windham county, deceased, shewing to this 
Assembly that the debts due from the estate of said deceased, 
which have appeared and been allowed by the court of ])ro- 
batc for tlie district of Stafford since liljerty was granted to 
tlie memorialists in May, 1764, for the sale of part of the 
real estate of said deceased, amounts to the sum of £30 2s. 
0c7. lawful money, and now praying for liberty to sell so much 
of the real estate of said deceased as to raise the sum of <£30 
2s. Od. lawful money, with incident charges of sale: And 
liberty is hereby granted to said memorialists to sell so much 
of the real estate of said deceased as to raise said sum of 
<£30 2s. Od. with incident charge of sale; taking direction of 
the court of probate for the district of Stafford therein. 

Upon the memorial of Gershom Blyn, administrator on the 
estate of Thomas Butler late of WeathersfieLt, deceased, 
shewing to this Assembly that the debts and charges due 
from the estate of said deceased, with necessary moveables 
set out to the widow of said deceased, surmount the wliole 
moveable estate of tlie said deceased the sum of X82 3.v. \ld. 
for the payment whereof the said administrator hath no 
moveable estate ; praying for lilierty to sell so much of the 
real estate of said deceased as will procure said sum of X82 
3 1^ with necessary charges arising thereon, taking direction 
of the court of probate in the district of Hartford therein, as 
per memorial on file : Resolved by this Assembly, that lib- 
erty be granted to said administrator, and he is hereby fully 
authorized and impowered, to sell so much of the real estate 
of said deceased as will procure said sum of X82 3s. l^d. 
with necessary charges arising thereon ; taking direction of 
the court of probate for the district of Hartford therein. 

Upon the memorial of Jemima Mead, administratrix on 
the estate of James Mead late of Greenwich in Fairfield 
county, deceased, shewing that since the liberty granted l^y 
this Assembly in May last to sell land for payment of debts 
due from said estate, more debts have appeared against said 
estate which had not been allowed before, amounting to the 
sum of Xll 18 4, lawful money, for payment of which she 
51 



402 PUBLIC RECORDS [May, 

hath no personal estate in her hands ; prayiiif? to he im- 
povvered to sell real estate to raise said sum and to pay the 
charges of said sale: Resolved by this Assembly, that liberty 
be granted to the said Jemima Mead and she is hereby 
impowercd, to sell of the real estate of said deceased so much 
as shall be necessary to raise said sum and to pay the charges 
of said sale ; taking direction of the court of probate in 
the district of Stamford therein, 

[162] Upon the memorial of Nathaniel Benedict, of Nor- 
walk in the county of Fairfield, conservator over Thomas 
Raymond of said Norwalk, shewing to Assembly that he 
had laid out and expended for the support and maintenance 
of the said Thomas Raymond the sum of .£10 lis. Id. 
lawful money, and exhil3itcd an account of the same to 
the county court held at Fairfield wdthin and for the county 
of Fairfield on the 3d Tuesday of April last, and then 
had the same examined and allowed by said court, and that 
the said Thomas has not any personal estate wherewith to 
pay the same or any part thereof, and praying for liberty and 
authority to sell so much of the real estate of the said 
Thomas Raymond as shall be sufficient to pay and discharge 
the aforesaid sum of £10 lis. 7d. together with the incident 
charges arising on the sale thereof: Resolved by this 
Assembly, that the said Nathaniel Benedict have liberty and 
authority, and liberty and authority is hereby granted to him, 
to sell and convey so much of the real estate of the said 
Thomas Raymond as will be suihcient to pay and discharge 
the aforesaid sum of £10 lis. Id. together with the incident 
charges arising on the sale thereof. 

Upon the memorial of Hendricka Hogoboom, of Canaan 
in Litchfield county in the Colony of Connecticut, conserva- 
tor [of] Heartry Hogoboom and Aarontry Hogoboom of said 
Canaan, idiots, shewing that she hath expended towards the 
support and maintenance of the said Heartry the sum of 
,£114 6 0, lawful money, and towards the support of the 
said Aarontry £81 18 0, lawful money, and tliey the said 
idiots have nothing save real estate to answer and satisfie 
said sums; praying that she may have liberty to make sale 
of so much of the real estate of the said idiots as to answer 
and pay the said sum, as per memorial on file : Resolved by 
this Assembly, that the said Hendrika Hogoboom have lib- 
erty, and liberty and authority is hereby granted to her, to 
make sale of so much of the real estate of the said Heartry 
as to answer and pay the said sum of £114 6s. Oc?., and so 
much of the real estate of the said Aarontry as to pay the 



17G5.] OF CONNECTICUT. 403 

said sum of £81 18s. Od. with the incident charges on 
said sale arising. 

Upon tlie memorial of Mary Kimberlj of Glastonbury, the 
only acting executrix of the last will and testament of Samuel 
Kimberly late of Glastonbury, deceased, shewing that the said 
Samuel in his said last will and testament, proved and ap- 
proved, after divers bequests and devises, ordered that his 
brother John Kimberly (co-executor with the said memorial- 
ist appointed by said Samuel in and by his said last will and test- 
ament, who denied the trust,) to sell and convey all his other 
lands not before disposed of in said last will and testament, 
and out of the monies they should be sold for that all his just 
debts and funeral charges and cost of selling should be paid, 
and the overplus of said monies (if any should be) his said 
brother should dispose of and pay out to defray the charge and 
expence of his son's education, or otherways for his said son's 
use : and the said John Kimberly denying the said trust of 
executor, nothing liatli been done therein, and that the memo- 
lialist is thereupon unable to pay the said debts, charges, and 
to educate the said son of said Samuel according to liis will ; 
and praying for liberty to make sale of said remaining part of 
said land for the |jurposes in said will mentioned, as per memo- 
rial (tc. : Resolved by this Assembly, that the memorialist 
have liberty, and liberty is hereby granted to the memorialist, 
to make sale of said remaining part of said land at best dis- 
cretion, with full power and authority to execute all such 
deeds and conveyances necessary for the full and perfect con- 
veying the same. 

Upon the memorial of Joshua Porter of Salisbury, shewing 
to this Assembly that he was legally licenced to keep a house 
of public entertainment in said Salisbury for the year 1764, 
and did perform said business to good satisfaction, and that 
he was not nominated for said business by the authority of 
said Salisbury for the year 1765, at their meeting forthat bus- 
iness in the month of January last, and that his house is situ- 
ated near the furnace in said Salisbury, where much company 
resort &c., tliat lie is under inevitable necessity of suffering 
much in his interest by reason of strangers that come on bus- 
iness to said furnace and thereby cumber and trouble his 
house, and praying to this Assembly to grant him licence to 
keep an house of public entertainment until the 4th Tuesday 
of April next, as per memorial on tile appears : Resolved by 
this Assembly, that the said Joshua Porter have licence, and 
he is hereby licenced, to keep an house of public entertainment 
at his dwelling-house in said Salisbury from this time until 



404 PUBLIC REC(3RDS [May, 

the 4th Tuesday of April, 1766, he becoming bound according 
to law to conform to all the laws of this Colony respecting 
tavern-keepers. 

Upon the memorial of John Crocker, administrator on the 
estate of James Camp late of New London in the county of 
New London, deceased, shewing to this Assembly that the 
debts and charges arising on the estate of said deceased amount 
to the sum of X112 14 2, and surmount the personal estate of 
said deceased the sum of £79 6 6 ; praying liberty of this As- 
sembly that said memorialist, or some other suitable person, 
may be appointed to sell so much of the real estate of said 
deceased as may be sufficient to pay said sum of £79 6 6 with 
the incident charges arising on said sale, taking the advice 
and direction of the court of probate in the district of New 
London in the sale tbereof, as per memorial on file : Re- 
solved by this Assembly, that Christopher Raymond of said 
New London be appointed, and he is hereby appointed and 
impowered, to sell so much of the real estate of said deceased 
as to raise and pay the aforesaid sum of £79 6 6 with the 
incident charges arising on said sale ; taking the advice and 
direction of the court of probate in the district of New London 
in the sale thereof. 

[163] Upon the memorial of Hannah Lockwood, adminis- 
tratrix on the estate of Theophilus Lockwood late of Green- 
wich in Fairfield county, deceased, shewing to this Asseml)ly 
that the debts &c. due from the estate of said deceased sur- 
mount the personal inventoried estate of said deceased the 
sum of £94 2 8, lawful money, and praying liberty to sell real 
estate to raise said sum and pay the charge of sale : Re- 
solved l)y this Assembly, that the said memorialist have lib- 
erty and she is hereby impowered, to sell of the real estate of 
said deceased to raise said sum of £94 2 8, lawful money, to 
enable her to pay said debts, and also to pay the charges of 
said sale ; taking direction of the court of probate for the dis- 
trict of Stamford therein. 

Upon the memorial of Samuel Scofield, of Stamford in Fair- 
field county, representing to this Assembly that Ezekiel Rob- 
erts of said Stamford was brought before Abraham Davenport, 
Esq"", just, pads lor said county, by writ dated the 5th day of 
September, A. D. 1763, for assaulting and beating one David 
Maltbie of said Stamford in the execution of his office, and 
that said justice on hearing and considering the same ordered 
that said Roberts should become bound with a surety in a 
recognizance of thirty pounds to appear before the county 
couit to be held in Fairfield on the 3d Tuesday of November 



1765.] OF CONNECTICUT. 405 

then next, to answer said complaint, and that said Scofield 
was induced from tlie principles of benevolence and on the most 
solemn assurance of said Roberts to save him liarmless, to 
become his surety, and that said cause was continued from 
court to court until it came to the county court held in Fair- 
field in and for Fairfield county on the 3d Tuesday of April, 
A. D. 1764, when the said Roberts not regarding his said prom- 
ise, after being three times called in said court to save him- 
self and said Scofield his bail from said recognizance, made 
default, whereby said recognizance became forfeited ; and that 
since that time, viz : at the county court held in said Fairfield 
on the 3d Tuesday of April last, said Scofield was sued and a 
judgment by said court rendered against him on said recogni- 
zance for said sum of thirty pounds ; thereupon praying that he 
may not be compelled to pay the whole of said sum, but that some 
part thereof may be abated to him : Resolved, that said Sco- 
field be subjected to pay no more of said judgment founded on 
said recognizance than only the sum of ten pounds, including 
the cost, and that from the rest and residue thereof he be 
acquitted and discharged. 

Upon the memorial of Sarah Young, administratrix on tlie 
estate of Robert Young late of Midletown, deceased, shewing 
to this Assembly that the debts, charges and allowance to the 
widow, made and allowed by the court of proI)ate for the dis- 
trict of Midletown, surmount the moveable part of the estate 
of said estate of said deceased the sum of X84 13s. Oic?., and 
thereupon praying for liberty to sell real estate &c., as per 
memorial on file : Resolved, that the memorialist have lib- 
erty, and she is hereby appointed and authorized, to sell so 
much of the real estate of the said deceased as will procure 
the aforesaid sum of X84 13 0}, together with the incident 
charges arising on such sale ; taking the directions of the 
court of probate for the district of Midletown therein. 

Upon the memorial of Thomas Lucas, of Goshen in the 
county of Litchfield, shewing to tliis Assemldy that at the 
General Assembly held at Hartford on the 2d Thursday of 
May, 1757, the inhabitants of the north-east part of Goshen 
obtained liberty to have four months preaching of the gospel 
annually from the first of December to the first of April, 
amongst themselves, and during that time be freed from 
paying taxes to the society which they belonged to, and in run- 
ning the lines prescribed in said grant he, said Lucas, was found 
to be but two rods within said limits, and that he lived at the 
southwest corner of said winter parish and within less than a 
mile and a half of the meeting-house in the town where alwavs 



406 PUBLIC RECORDS [May, 

he hath with liis family attended, and that it was not ever 
supposed that he lived within the limits of said winter parish, 
and tliat he had to travel where they meet to the winter par- 
ish above three miles, as per memorial on file : Resolved by 
tliis Assembly, that the said Thomas Lucas be released from 
paying taxes to said winter parish, and that he pay to the other 
society as usual ; he being inchided in said winter parish by 
running said line notwithstanding. 

Upon the memorial of Ebenezer Way jun'", of New London 
in the county of New London, representing that on the 6th 
day of June, 1764, in crossing New London ferry he lost acci- 
dentally his pocket-book in the river, together with twenty 
pounds of Connecticut bills of the emission of March, 1762, 
exclusive of the interest arising on said bills, and twenty 
pounds of March, 1761, exclusive of the interest thereof, and 
three pounds ten shillings of March, 1760, emission, exclusive 
of interest, and a sum of the emission of May, 1763, and 
March, 1764, to the amount of about eight pounds, exclusive of 
interest, and hath not since found said sums or any part there- 
of; praying for relief &c., as by the memorial at large may 
appear : Resolved by this Assembly, that the said Ebenezer 
Way jun"" shall receive out of the treasury of this Colony the 
sum of fifty-seven pounds fourteeen shillings and ten pence, 
lawful money, and the Treasurer of this Colony is hereby 
directed and ordeied to pay unto him, the said Ebenezer Way, 
the said sum of £51 14 10. 

Upon the memorial of William Noyes and Seth Marvin, of 
Lyme, administrators on the estate of Capt. Mathew Marvin 
late of said Lyme, deceased, shewing to this Assembly that 
said administrators obtained an order of Assembly in May, 
1761, to sell so much of the real estate of said deceased as to 
raise and pay the sum of X421 19 5, lawful money, since 
[164] which said memorialists have || exhibited to the court 
of prol)ate an account of sundry debts due from said deceased 
and paid by said memorialists and allowed in the court of 
probate, (not before considered or allowed,) amounting to 
<£82 18s. 2d. and no personal estate to pay the same ; pray- 
ing liberty that said memorialists may be impowered to sell 
so much of the real estate of said deceased as may be suffi- 
cient to raise and pay the aforesaid sum oi" X82 18s. 2d. 
with the necessary charges arising on said sale, taking the 
advice of the court of probate in the sale thereof : Resolved 
by this Assembly, that liberty be, and liberty is hereby granted 
to said memorialists, to sell so much of the real estate of said, 
deceased as to raise and pay the aforesaid sum of ^82 18s. 



1765.] OP CONNECTICUT. 407 

2c?. with the incident charges arising on said sale ; taking the 
advice and direction of the court of probate in the district of 
New London in the sale thereof. 

Upon the memorial of Abraham Thomson, of Stratford in 
Fairfield county, conservator of the person and estate of 
Thomas Thomson of said Stratford, representing that in 
April last he exhibited to the county court for the county of 
Fairfield his accoiuit of expences for the support of said 
Thomas, amounting to the sura of X42 8s. lOd. lawful 
money, which hath been by said court examined and allowed, 
for payment whereof the said Thomas hath no personal 
estate, and praying for liberty and power to sell so much of 
the real estate of said Tliomas as may be sufficient to pay said 
sum together with the incident charges of such sale, as per 
memorial on file : Resolved by this Assembly, that the said 
Abraham have liberty, and liberty and authority is hereby 
granted to him, to sell and convey so much of the real estate 
of said Thomas as may be sufhcient to raise said sum of X42 
6s. lOd. lawful money, together with the incident charges of 
such sale. 

■ Upon the memorial of Joseph Button, executor of tlie last 
will and testament of Samuel Button late of Farnlington, de- 
ceased, shewing to this Assembly that the debts and charges 
due from the estate of said deceased, with the necessaries set 
out to the widow, surmount the moveable estate of the said 
deceased the sum of X12 14s. lO^d. lawful money, for the 
payment of which sum the memorialist has no moveable 
estate in his hands ; praying to this Assembly that the me- 
morialist, or some other meet person, may be appointed to 
make sale of so much of the lands of the said deceased as to 
raise said sum of £12 14s. lOid. lawful money, with the in- 
cident charges arising on said sale, he taking the direction of 
the court of probate in tlie district of Hartford therein : Re- 
solved by this Assembly, that the memorialist be appointed 
and he is hereby appointed and impowered, to make sale of 
so much of the real estate of the said deceased as to raise 
said sum of £12 14s. lO^d. lawful money, with the incident 
charges arising on said sale ; he taking the direction of the 
court of probate in the district of Hartford therein. 

Upon the memorial of Thomas Stymson and Sarah Stym- 
son, administrators on the estate of Thomas Fuller junr late 
of Wellington, deceased, shewing to this Assembly that the 
General Assembly at their sessions at Hartford in May, 17(J3, 
granted liberty to said administrators to sell so much of the 
lands of Tliomas Fuller of Wellington, deceased, as to raise 



408 PUBLIC EECORDS [May, 

the sum of X9 18 7, for tlie payment of debts <fec., which 
was by mistake and should have been lilierty to sell so much 
of the lands or real estate of Thomas Fuller jun"" of Welling- 
ton, deceased ; and the said administrators having discovered 
tlie mistake have not proceeded to sell : praying this Assem- 
bly to grant liberty and impower the said memorialists instead 
of selling the lands of Thomas Fuller to sell so much of the 
lands or real estate of Thomas Fuller jun"^ of Wellington, de- 
ceased, for the payment of debts, as per memorial on file ap- 
pears : Resolved by this Assembly, that the memorialists 
have liberty and they arc hereby impowcred, (instead of sell- 
ing lands of Thomas Fuller of Wellington, deceased,) to sell 
so much of the real estate of Thomas Fuller jun"^ of Welling- 
ton, deceased, as to raise the said sura of £9 18s. Id. lawful 
money, for the payment of debts together with tlie necessary 
incident charges arising on said sale ; taking the direction of 
the court of probate in the district of Hartford therein. 

Resolved by this Assembly., That the Treasurer of this Col- 
ony pay out of the Colony treasury to Mr. Timothy Green, 
printer, the sum of <£9 96-. ^d. in bills of credit emitted by 
this government : the same being for sundry services done 
and disbursements made by him for this Colony since the ses- 
sions of the Assembly at New Haven in October last past. 

[165] Resolved by this Assembly, That the Treasurer of 
this Colony be and he is hereby ordered to pay to Mr. Moses 
Parks, surveyor, the sum of twenty pounds out of the Colony 
treasury, to be by him improved towards the charge of sur- 
veying and making a map of this Colony,* and to account 
for the same. 

The Treasurer of this Colony is hereby ordered to pay out 
of the public treasury the sum of thirty pounds eleven shil- 
lings and eight pence, lawful money, to the Hont^'e Thomas 
Fitch, Esq"", Governor, for his care and service in drawing 
bills of exchange for <£9176 lis. lOtZ. 85-. sterling, of the 
monies belonging to the Governor and Company of this Col- 
ony lodged in the hands of the Agent in England. 

This Assembly grants to the Hone's Thomas Fitch, Esq"", 
Governor, one hundred and fifty pounds, for his salary the 
first half of the current year, and the Treasurer is hereby 
ordered and directed to pay the same accordingly. 

This Assembly grants to the Honi^'« William Pitkin, Esq"", 
Deputy Governor, fifty pounds, for his salary the first half of 

* The instructions to the surveyors may be found in Miscellaneous, III, 
220. 



1765.] OF CONNECTICUT. 409 

the current year, and the Treasurer is hereby ordered and 
directed to pay the same accordingly. 

This Assenil)ly grants to George Wyllys, Esq'', Secretary 
of this Colony, the sum of twenty pounds, lawful money, for 
his salary for the last year, and the Treasurer is hereby 
ordered and directed to pay the same accordingly. 

This Assembly grants to Joseph Talcott, Esq% Treasurer 
of this Colony, the sum of one hundred pounds, lawful money, 
for his salary for the last year : and also the sum of sixty 
pounds, lawful money, for his extraordinary service in the 
same year. 

This Assembly is adjourned until the Governor, or in his 
absence the Deputy Governor, shall see cause to call it to 
meet again. 

Teste George Wyllys, Secret'y- 



[166] At a General Assembly of the Governor and Com- 
pany op his Majesty's English Colony of Connecticut 
in New England in America holden at Hartford in 
SAID Colony (by special order of the Governor of said 
Colony,) on the nineteenth day of September in the 
fifth year of the reign of his Majesty George the 
third, King of Great Britain &c., annoque Domini 
1765. 

Present : 
The Honbie Thomas Fitch, Esq"", Governor. 
The Honi^'*^ William Pitkin, Esq"^, Deputy Governor. 

Ebenezer Silliman, Mathew Griswold, 

Jonathan Trurable, Shubacl Conant, 

Hezekiah Huntington, Elisha Sheldon, 

John Chester, Eliphalet Dyer, 

Benjamin Hall, Jabez Huntington, 

Jabez Hamliii, 

Representatives or Deputies who attended this Assembly are as 
follow, viz : 

[The names are not on the record.] 

[167] Whereas it has been proposed that a Congress be 
attended by Commissioners from the several governments on 
this continent, to confer upon a general and united humble, 
loyal and dutiful representation to his Majesty and the Parlia- 
ment of the present circumstances of the Colonies and the 
difficulties to which they are and must be reduced by the 
52 



Esqrs, 
V Assist- 
ants. 



410 PUBLIC RECORDS [September, 

operation of the acts of Parliament for levjdng duties and 
taxes on the Colonies, and to implore relief &c. 

Hesolved hy this Assembly, That Eliphalet Dyer,* William 
Samuel Johnson and David Rowland, Esqi's, or any two of 
them, be and hereby are appointed Commissioners on behalf 
of this Colony, to repair to New York, to attend the proposed 
Congress in the matters above referred to. And his Honour 
is hereby desired to commissionate them accordingly. 

[168] Instructions to the Commissioners of this Colony ap- 
pointed to meet Commissioners from the other Colonies at 
New York on the first Tuesday of October next. 
Gentlemen : You are to repair to the said city of New York 
at said time, or at the time according to the intelligence you 
may receive of the convening of the other Commissioners it 
may appear to you seasonable and best, to consult together 
with them on the present circumstances of the Colonies and 
the difficulties to which they are and must be reduced by the 
operation of the acts of Parliament for levying duties and 
taxes on tlie Colonies, and to consider of and prepare a gen- 
eral and united dutiful, loyal and humble Representation of 
their Condition to his Majesty and the Parliament, and to im- 
plore relief. 

In your proceedings you are to take care that you form no 
such junction with the other Commissioners as will subject 
you to the major vote of the Commissioners present. 

You are to inform the Governor and the General Assembly, 
at the session in October next, of all such proceedings as 
shall appear to you needful and convenient to be communica- 
ted for consideration, and to observe all such further instruc- 
tions as you may receive. 

And you are to report your doings, with the doings of the 
Commissioners at such meeting, to the General Assembly of 
this Colony, for acceptance and approbation.! 

Hesolved by this Assembly, That the Committee appointed 
by this Assembly to meet the committees from the neighbour 

* Instead of Mr. Dj'er, Jonathan Trumbull, Esq., was at first appointed. 
Bev. War, 1, 20. 

f The proceedings of this congress were printed at Annapolis in 1766, 
by Jonas Green, fo. pp. 28. From this copy they were reprinted in Lon- 
don in 1707, by Almon in his third volume of Iiiteretitiiig T/'ucts, and 
separately; as also in the Prior Documents, Lond. 1777. From the London 
edition, 1767, they were reprinted in Philadelphia, at tiie office of the 
United States Ga'zette, 1818. In 1812, from an oflicial copy, Niles pub- 
lished the journal in the Weekly Register, ii, 337, 353. This was repiinted 
with some additions, New York, 1845. An official copy in MS. is in our 
archives, Rev. War, 1, doc. 22. 



1765.] OF CONNECTICUT. 411 

Provinces at New York in October next receive ont of the 
treasury of this Colony the sum of one hundred pounds, 
lawful money, and to account for the same when thereto 
required ; and the Treasurer of this Colony is hereby ordered 
and directed to pay the same accordingly. 

Whereas there have been of late in several parts of this 
Colony divers tumultuous and unlawful assemblies of persons, 
to the disturbance of the peace and terror of his Majesty's 
liege subjects, and against the laws of this Colony : This 
Assembly taking the same into their most serious considera- 
tion, and being desirous to discountenance and suppress all 
such tumultuous and riotous disorders, tending to the dis- 
turbance of the public peace and to the endangering all order 
and government, resolve, that his Honour the Governor be 
desired, and he is hereby desired, to issue a proclamation 
commanding all proper officers that they use their utmost 
endeavours to prevent ami suppress all riots, tumults and 
unlawful assemblies, and duly to execute the laws and statutes 
made for preventing, suppressing and punishing the same ; 
and that all other his Majesty's liege subjects in this Colony 
be aiding and assisting therein.* 

This Assembly do appoint Joseph Talcott, Esq"", to be Judge 
of the Court of Probate for the district of Hartfordf until 
the rising of this Assembly in May next. 

This Assembly do appoint Nathaniel Hill, Esq"", to be 
Judge of the Court of Probate for the district of Guilford 
until the rising of this Assembly in May next. 

This Assembly is adjourned until tlie Governor, or in his 
absence the Deputy Governor, shall see cause to call it to meet 
again. 

Teste George Wyllys Secret'y. 

*In his Letters relating to tlie Stamp Act, Mr. Ingersoll says that he 
suffered the indignity of being burned in effigy in many towns in the 
Colony. There was printed at New London in 1765, a pamphlet with tlie 
title Liberty and Property vindicated, and the St. . pm. n burnt. A Dis- 
course on burning the Effige of the St. . pm, n in Netc Jjondon. 

f In the place of Daniel Edwards, Escf , who died at New Haven 
Sept. 6, 1765, in his 65th year. Rev. Edward Dorr delivered a discourse 
upon his death, which was printed. 



Assist- 
ants. 



412 PUBLIC RECORDS [October, 



[169] Anno Regni Regis G-eorgii tertii quinto. 

At a General Assembly op the Governor and Company op 
HIS Majesty's English Colony op Connecticut in New- 
England IN America holden at New Haven in said 
Colony on the second Thursday op October, (being the 

[tenth] DAY' OP said MONTH) AND CONTINUED BY SEVERAL 
adjournments UNTIL THE [ ] DAY OP [ ] 

ANNOQUE Domini 1765. 

Present : 
The Honorable Thomas Fitch, Esqf, Governor. 
The Honorable William Pitkin, Esq"", Deputy Governor. 

Ebenezer Silliman, Esqf, Mathew Griswold, Esq^j^ 

Jonathan Trumble, Esq"", Shubael Conant, Esq'^, 

Hezekiah Huntington, Esq"", Elisha Sheldon, Esq% 

John Chester, Esq^ Eliphalet Dyer, Esq% 

Benjamin Hall, Esq"^, Jabez Hnntington, Esq^, 

Jabez Hamlin, Esq"", 

Representatives or Deputies who attended this Assembly are 
as follow, viz : 

Colo. William Pitkin, Colo. Samuel Talcott, for Hartford. 

Mr. Roger Sherman, Mr. Samuel Bishop, for Newhaven. 

Mr. William Hilhouse, Mr. Richard Law, for New London. 

Capt. David Burr, Mr. Nathan Bulkley, for Fairfield. 

Maj"" Jedidiah Elderkin, Mr. Ebenezer Devotion, for Wind- 
ham. 

Colo. Ebenezer Marsh, Capt. Isaac Baldwin, for Litchfield. 

Mr. Isaac Tracey, Mr. William Morgan, for Norwich. 

Colo. Jonathan Hoit, Mr. Abraham Davenport, for Stamford. 

Capt. Samuel Danielson, Mr. Jacob Dresser, for Killingly. 

Mr. Jonathan Wells, Majf Elizur Talcott, for Glastonbury, 

Capt. Joseph Denison, Mr. Paul Wheeler, for Stonington. 

Capt. Henry Glover, Mr, Oliver Tousey, for Newtown. 

Capt, Zebulon West, Mr. Elijah Chapman, for Tolland. 

Capt. Mathew Gillet, Capt. Abel Merrels, for New Hartford. 

Capt. Abijah Catlin, Capt. Joel Catlin, for Harwinton. 

Capt. Dudley Wright, Capt. Henry Champion, for Colchester. 

Mr. Cyrus Marsh, Mr. Ephraim Hubbel, for Kent. 

Capt, John Case, Mr, Hez^ Humphrey, for Symsbury. 

Mr. Nathaniel Hill, Mr, Nathaniel Ruggles, for Guilford, 

Capt, Nehemiah Lyon, Mr, Ebenezer Smith, for Woodstock. 

Capt. Jabez Fitch, Mr. Samuel Huntington, for Canterbury. 

Mr. Bushnel Bostwick, Mr. Partridge Thatcher, for New 
Milford. 



1765.] OP CONNECTICUT. 413 

[170] Maj"" Ezeldel Pierce, Mr. Elisha Payne, for Plainficld. 
Capt. Jedidiali Fay, Capt. Benjamin Clark, for Ashford. 
Capt. Abel Gun, Mr. Joseph Hull, for Derby. 
Mr. Josejjli Hopkins, Capt. Stei)hen Upson, for Waterl)ury. 
Mr. Thomas Russel, Mr. Joshua Pierce, for Cornwal. 
Capt. William Wittar, Mr. Nathaniel Brown, for Preston. 
Mr. Phineas Strong, Mr. Ephraim Root, for Coventry. 
Mr. Emory Pease, for Somers. 

Mr. William Noyes, Mr. Sam' Holden Parsons, for Lyme. 
Colo. Samuel Willard, Capt. John Shipman, for Saybrook. 
^Ir. William Williams, Capt. Joshua West, for Lebanon. 
Mr. John Gordon, Mr. Moses Kinney, for Voluntown. 
Capt. James Wadsworth, Capt. Ebenez"" Guernsey,for Durham. 
Mr. Daniel Sherman, Capt. Increase Moseley, for Woodbury. 
Capt. Elisha Williams, Capt. Tho's. Belding, for Weathers field. 
Mr. Daniel Brainerd, for East Haddam. 
Capt. James Landon, Capt. Samuel Moore, for Salisbury. 
Capt. John Strong, for Farmington. 

Capt. Wm. Sam' Johnson, Mr. Joseph Curtiss, for Stratford. 
Mr. Samuel Baker, for Brandford. 
Mr. John Cook, for Torrington. 

Mr. Sam' Dickingson, Capt. Daniel Taylor jun"", for Danbury. 
Mr. Ephraim Strong, Capt. John Fowler, for Milford. 
Capt. Abner Barker, Mr. John Weston, for Wellington. 
Mr. James Bebee, Capt. Isaac Lawrence, for Canaan. 
Capt. Joseph Olmstead, Mr. Edward Collins, for Enfield. 
Mr. Stephen Smith, for Ridgefield. 
Capt. Thomas Selden, for Haddam. 
Capt. Thomas Pitkin, Capt. Benja. Talcott, for Bolton. 
Capt. Samuel Kent, Mr. William King, for Suffield. 
Capt. Moses Lyman, Capt. Samuel Nash, for Goshen. 
Mr. Thomas Fitch j^, Mr. Joseph Piatt, for Norwalk. 
Capt. Moses Fish, Capt. William Williams, for Groton. 
Capt. Samuel Gilbert, Mr. John Phelps, for Hebron. 
Majr Elihu Hall, Capt. Samuel Hull, for Wallingford. 
Colo. Ebenezer Williams, Mr. Joseph Scarborough, for Pom- 
fret. 
Mr. Seth Wetmore, Mr. Richard Alsop, for Midletown. 
Mr. William Wolcott, Mr. Alexander Wolcott, for Windsor. 
Capt. Eleazer Hubbel, Capt. Elnathan Hall, for New Fairfield. 
Ml'. Nathan Johnson, for Stafford. 
Capt. Caleb Jewet, for Sharon. 
Mr. Benja. Gale, Capt. John Pierson, for Killingworth. 



414 PUBLIC RECORDS [October, 

Capt. Jabez Sherwood, Capt. Messenger Palmer, for Green- 
wich. 

Mr. Benja. Champlin, Mr. Jonathan Gurley, for Mansfield. 
Mr. Abraham Davenport, Speaker ) of the House of 
Colo. William Pitkin, Clerk ] Representatives. 

An Act for the Alteration of one Paragraph of a La-w of this Colony 

entituled. An Act for the Admission of Inhabitants in To'wns, and 

for the preventing of Charge on Account of such as are 

not admitted therein. 

Whereas the penalty of ten shillings per week provided in 
and by the third paragraph of said act is by said act made 
payable to the treasurer of the town whereto the person or 
persons incurring the same do belong, wliich application of 
said penalty is found not to answer the declared intention of 
said act : Therefore, 

Be it enacted hy the Grovernor, Council and Representatives , 
in General Court asi^embled, and hy the authority of the 
[171] same, \\ That for the future the said penalty of ten 
shillings per week shall be paid to the treasurer of the town 
where the person or persons on whose account the same may 
be incurred shall be so entertained, hired &c., as in said act 
is expressed ; any law or usage to the contrary notwithstand- 
ing. 

An Act in Addition to a Law of this Colony intituled An Act for the 
Preservation and Increase of Deer &c. 

Whereas in and by said act it is enacted that if any person 
or persons convicted of the breach of the first paragraph of 
said act shall be unable to satisfie the judgment, such offender 
shall be by the Assistant or justice of the peace, before whom 
the offender is convicted, put to and assigned in service to the 
complainer or some other meet person, for the space of fifty 
days, for answering the said judgment, which limitation is 
found to be inconvenient : Therefore, 

Be it e7iacted hy the Q-overnor, Council and Representatives , 
in General Court assembled, and hy the authority of the same, 
That for the future when any person shall be convicted of the 
breach of the first paragraph of said act, and shall neglect or 
refuse to pay and satisfie the judgment, in such case the As- 
sistant or justice before whom the conviction is may bind the 
offender in service for a term not exceeding four months, or 
grant execution on such judgment to levy the fine and cost 
of prosecution by distress and sale of the offender's goods, 
or commit such offender to prison, there to remain until he 
satisfie such judgment. 

This Assembly appoints Mathew Griswold, Esq"", one of the 
Judges of the Superior Court in this Colony until the rising 
of the Assembly in May next. 



1765.] OF CONNECTICUT. 415 

This Assembly do appoint Roger Sherman a Jnstice of the 
Quorum in the county of New Haven until the first day of 
June next. 

This Assembly do appoint Messrs. Richard Law and Na- 
thaniel Shaw Justices of the Peace for the county of New 
London until the first day of June next. 

The Gentlemen nominated by the Votes of the Freemen of this Colony 
to stand for Election in May next are as foUo'w, viz : 

The Hon'^i« Thomas Fitch, Esq^. 
The Honbie William Pitkin, Esq'-. 
Ehenezer Silliman, Esq^ Eliphalet Pyer, Esq^ 

Jonathan Trumble, Esq^ Jahez Huntington, Esq^ 

Hez'' Huntington, Esq^ Colo. William Pitkin. 

John Chester, Esq^ Mr. Roger Sherman. 

Benjamin Hall, Esq^ Colo. Robert Walker. 

Jai)ez Hamlin, Esq^. Mr. Abraham Davenport. 

Mathw Griswold, Esq^ Mr. David Rowland. 

Shul)ael Conant, Esq^. Capt. W"' Sam' Johnson. 

Elisha Sheldon, Esq"". Colo. Joseph Spencer. 

This Assembly do establish Mr. Daniel Denison to be Cap- 
tain of the 5th company or trainband in the 8th regiment 
in this Colony. 

This Assembly do establish Mr. Nathaniel Gallop to be 
Lieutenant of the 5th company or trainband in the 8th regi- 
ment in this Colony. 

This Assembly do establish Mr. Elisha Williams to be En- 
sign of the 5th company or trainband in the 8th regiment 
in this Colony. 

This Assem1)ly do establish Mr. Joseph Pratt jnn'', to be 
Lieutenant of the first company or trainband in the town of 
Kent, in the 13th regiment in this Colony. 

This Assembly do establish Mr. Elisha Swift to be Ensign 
of the first company or trainband in the town of Kent, in the 
13th regiment in this Colony. 

[172] This Assembly do establish Mr. Samuel Reynolds to 
be Captain of the east company or trainband in the parish of 
Westborougli in the town of Waterbury. 

This Assembly do establish Mr. Joseph Brooks to be Cap- 
tain of the 11th company or trainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. Phineas Brainerd to be 
Lieutenant of the llth company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. John Clark to be Ensign 
of the llth company or trainband in the 7th regiment in 
this Colony. 



416 PUBLIC RECORDS [October, 

This Assembly do establish Mr. Isaac Tubbs to be Ensign 
of the 2d company or trainband in the town of Lyme in the 
3d regiment in this Colony. 

This Assembly do establish Mr. Asa Avery to be Captain 
of the 5th company or trainband in the town of Groton. 

This Assembly do establish Mr. Thomas Fanning to be 
Lientenant of the 5th company or trainband in the town of 
Groton. 

This Assembly do establish Mr. Oliver Spicer to be En- 
sign of the 5th company or trainband in the town of Gioton. 

This Assembly do establish Mr. Enoch Lord to be Lieuten- 
ant of the 3d company or trainband in the town of Lyme. 

This Assembly do establish Mr. Jonathan Gillet to be 
Ensign of the 3d company or trainband in the town of Lyme. 

This Assembly do establish and confirm Mr. Nehemiah 
Gaylord to be Lieutenant of the second company or train- 
band in the town of Torrington. 

This Assembly do establish Mr. John Birge to be Ensign 
of the 2d company or trainband in the town of Torrington. 

This Assembly do establish Mr. Benjamin Bills to be En- 
sign of the company or trainband at the society of Wilton in 
the 9th regiment in this Colony. 

This Assembly do establish Mr. JoJin French to be Captain 
of the company or trainband in the society of North Strat- 
ford in the 4th regiment in this Colony. 

This Assembly do establish Mr. Abraham Brinsmead to be 
Lieutenant of the company or trainband in North Stratford 
in the 4th regiment in this Colony. 

This Assembly do establish Mr. Robert Hawley to be En- 
sign of the company or trainband in North Stratford in the 
4th regiment in this Colony. 

This Assembly do establish Mr. James Scott to be Cap- 
tain of the first company or trainband in the town of Ridge- 
field. 

This Assembly do establish Mr. Ebenezer Jones to be Lieu- 
tenant of the first company or trainband in the town of Ridge- 
field. 

This Assembly do establish Mr. Jonah Smith to be En- 
sign of the first company or trainband in the town of Ridge- 
field. 

This Assembly do establish Mr. Elisha Alverd to be Lieu- 
tenant of the company or trainband in Greenfield in the 
fourth regiment in this Colony. 

This Assembly do establish Mr. Gershom Hubbel to be En- 
sign of the company or trainband in Greenfield in the 4th 
regiment in this Colony. 



1765.] OP CONNECTICUT. 417 

This Assembly do establish Mr. Ephraim Pease to be Cap- 
tain of the first company or trainband in the town of Enfield. 

'I'his Assembly do establish Mr. Thomas Parsons to be 
Lieutenant of the first company or trainband in the town of 
Enfield. 

This Assembly do establish Mr. Benjamin Isaacs to be Lieu- 
tenant of the troop of horse in the 9th regiment in this Col- 
ony. _ 

This Assembly do establish Mr. James Harper to be Ensign 
of the 7th company or trainband in the town of Windsor. 

[73] This Assembly do establish Mr. Joshua Brainerd to 
1)0 Captain of the 8th company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Mr. Thomas Puller to be Lieu- 
tenant of the 8th company or trainband in the 12th regiment 
in this Colony. 

Tliis Assembly do establish Mr. Joseph Annibal to be En- 
sign of the 8th company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Joseph Brewster jun"" to be 
Lieutenant of the 5th company or trainband in the town of 
Norwich. 

This Assembly do establish Mr. Jabez Wight jun"" to be 
Ensign of the 5th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Isaac Clark to be Captain 
of the 2d company or trainband in the 2d regiment in this Col- 
ony. 

This Assembly do establish Mr. Benjamin Bull to be Lieu- 
tenant of the second company or trainband in the 2d regiment 
in this Colony. 

This Assembly do establish Mr. Isaac Smith to be Ensign 
of the second company or trainband in the 2d regiment in this 
Colony. 

This Assembly do establish Mr. Hezekiah Lord to be Cap- 
tain of the 3d company or trainband in the town of Preston. 

This Assembly do establish Mr. William Belclier to be Lieu- 
tenant of the 3d company or trainband in the town of Pres- 
ton. 

This Assembly do establish Mr. Benjamin Coit to be Ensign 
of the 3d company or trainband in the town of Pi'eston. 

This Assembly do establisii Mr. Zabdiel Rogers to be Cap- 
tain of the 11th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Uriah Rogers to be Lieu- 
53 



418 PUBLIC RECORDS [October, 

tenant of the 11th company or trainband in the town of Nor- 
wich. 

This Asseml)ly do establish Mr. Isaac Tracey jun"" to be 
Ensign of the 11th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. David Wakely to be Cap- 
tain of the company or trainband in New Fairfield south soci- 
ety, in the 4th regiment in this Colony. 

This Assembly do establish Mr. Zachens Brush to be Lieu- 
tenant of the company or trainband in New Fairfield south 
society, in the 4th regiment in this Colony. 

This Assembly do establish Mr. Alexander Fairchild to be 
Ensign of the company or trainband in New Fairfield south 
society, in the 4th regiment in this Colony. 

This Assembly do establish Mr. Daniel Ingham to be Cap- 
tain of the 15th company or trainband in the I2th regiment in 
this Colony. 

This Assembly do establish Mr. Josiah Mack jun"" to be Lieu- 
tenant of the 15th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish and confirm Mr. Jedidiah Post 
to be Ensign of the 15th company pr trainband in the 12th 
regiment in this Colony. 

This Assembly do establish Mr. Jedidiah Perkins to be Cap- 
tain of the 7th company or trainband in Norwich, in the 3d 
regiment in this Colony. 

This Assembly do establish Mr. Nathan Hutchins to be 
Lieutenant of the 7th company or trainband in Norwich, in 
the 3d regiment in this Colony. 

This Assembly do establish Mr. Joseph Ayersto be Ensign 
of the 7th company or trainband in Norwich, in the 3d regi- 
ment in this Colony. 

This Asseml)ly do appoint Abraham Bradley of Litchfield 
Surveyor of Lands for the county of Litchfield. 

This Assembly do appoint Messrs. Nathaniel Webb of Wind- 
ham and Ephraim Carpenter of Lebanon to be Surveyors of 
Lands in the county of Windham. 

Whereas this Assembly at their sessions in May last, on the 
report of their committee appointed to consider, prepare and 
draw instructions for surveying and drawing a plan of this 
Colony, resolved that his Honour the Governor should be de- 
[174] sired to improve Messrs. Asa Spalding of Norwalk, || 
Moses Park and Samuel Mott, of Preston, to survey, measure 
and make a Plan of this Colony &c., and that in case it should 
be needful the said surveyors sliould give notice to the Reprc- 



1765] OF CONNECTICUT. 419 

sentativGS of any towns where the course and distance of any 
line sliould be needed, that they might, in the cheapest and 
easiest manner, uet the course and distance of said lines so 
needed and send the same to one or other of said surveyors ; 
and wdiereas no special provision hath l)een made for the pay- 
ment of the charge said Representatives should he at in get- 
ting the course and distance of said lines : Therefore, it is 
resolved by this Asseml)ly, that the several Representatives 
that have been or shall be so applied to by said surveyors and 
that have or shall perform said service shall be paid out of tlie 
town treasuries of the several towns where they respectively 
belong, their accounts lieing first exhibited to and allowed by 
the selectmen, or the major part of them, of said several towns, 
who are hereby authorized to receive, examine and adjust said 
accounts and give orders on the several treasurers for the pay- 
ment of such sum as shall be by them allowed. 

Whereas the General Assembly of this Colony held at Hart- 
ford on the 2d Thursday of May last, upon the memorial of 
Timothy Rose and others, appointed John Fowler, Esq"", Messrs. 
Stephen Upson juir and Joseph Hull jun'", a committee to lay 
out a highway from the court-house in New Haven through 
the society of Oxford to the meeting-house in the society of 
South berry in Woodberry, and to mark out and bound the same 
by some notable and durable monuments in all those places 
where it is needful to alter or vary from the highways already 
laid out &c., and make return of tlieir doings to this Assem- 
bly in the present session : but said committee not having 
opportunity to compleat said service so as to make return 
agreeable to said direction, and the said John Fowler, Esq"", 
being desirous to be excused therefrom : It is resolved by this 
Assembly, that Joseph Hopkins, Esq"", of Waterbury, and the 
said Stephen Upson and Joseph Hull be and they are hereby 
appointed and impowered to perform said service agreeable to 
the directions of the resolve of the General Assembly in that 
case made and passed in May last, and make return of their 
doings therein to the General Assembly to be holden at Hart- 
ford in May next. 

Upon the representation made to this Assembly by Increase 
Moseley, Bnshnel Bostwick and Isaac Baldwin, Esqi'S that 
one Abner Chandler is lately appointed administrator upon 
the estate of William Tanner late of Cornwal in the county of 
Litchfield, deceased, and that they have not had time to 
accompt with said administrator with relation to said Tanner's 
management in the Ousatunnuck River Lottery &g. : It is 
thereupon resolved by this Assembly, that the said Increase 



420 PUBLIC KECORDS [October, 

Moseley, Bushnel Bostwick and Isaac Baldwin, Esq^s, be fur- 
ther appointed to proceed in their enquiry into the affairs of 
said lottery, agreeable to instructions formerly given them by 
this Assembly, and as soon as they can settle the affair of said 
lottery, and make their report to this Assembly. 

Whereas at the special Assembly holden at Hartford in Sep- 
tember last Eliphalet Dyer, William Samuel Johnson and Da- 
vid Rowland, Esqi's, were appointed Commissioners on behalf 
of this Colony to join a proposed Congress at New York, for 
the purpose of conferring upon a general and united humble, 
loyal and dutiful representation to his Majesty &c., of the 
present circumstances of the Colonies and the difUculties to 
which they are and must be reduced by the operation of the 
act of Parliament for laying duties and taxes on the Colonies, 
and to report their doings with the doings of the Commission- 
ers at such Congress to this Assembly for acceptance and appro- 
bation : And whereas the said Commissioners have, pursu- 
ant to their aforesaid instructions, presented to this Assembly 
three several petitions : one to the King's Most Excellent Maj- 
esty, one to the Right Honora])le the Lords Spiritual and Tem- 
poral of Great Britain in Pai^iament assembled, the other to 
the Honorable Knights, Citizens and Burgesses in Great Brit- 
ain in Parliament assembled, made at said Congress and sign- 
ed by Commissioners from several of the Colonies on this con- 
tinent, for the acceptance and approbation of this Assembly : 
The same being taken into consideration, this Assembly do 
accei)t and approve of said petitions, and hereby authorize 
and desire the said Commissioners by said special Assembly 
appointed as aforesaid, to sign said petitions for and in behalf 
of this Colony. And this Assembly do desire his Honour the 
Governor to forward said petitions to Great Britain, (in order 
that they may be duly presented,) together with a proper cer- 
tificate of the appointment of said Commissioners and the 
doings of this Assembly thereon. 

Sir: The Committees of the several Colonies lately 
appointed to meet at New York, to consider of the present 
unhappy circumstances of the Colonies, having agreed upon 
petitions to his Majesty and both Houses of Parliament, for 
relief from the grievances they at present labour under, which 
have been approved by the General Assembly of this Colony, 
[175] and it being a subject of the last importance to us, || you 
are desired to prefer those petitions, and to support them 
with your utmost influence, skill and ability, and leave no 
probable means unattempted to secure success in so interest- 
ing a matter. 



1765.] OP CONNECTICUT. 421 

The Colony being most firmly persuaded that the power 
lately ex&rcised by Parliament of imposing taxes on the 
Colonies without their consent, and extending the jurisdic- 
tion of the court of admiralty beyond its ancient limits is 
inconsistent with the principles and spirit of the British con- 
stitution, and an infringement of the essential liberties of 
the colonists, we can by no means be content that you 
should give up the matter of right, but must beg you would 
on all proper occasions claim and firmly insist upon the 
exclusive right of the Colonies to tax themselves, and the 
priviledge of tryal by jury, and to maintain these principles in 
the most effectual manner possible, as what we can never 
recede from. The arguments from inconvenience and the 
fatal consequences, botii to Great Britain and her Colonies, 
which must flow from this exercise of parliamentary power, 
are obvious, and will no doubt be also fully insisted upon by 
you. 

You will give a proper attention to all such arguments, hints 
and materials as may be furnished you by his Honour the 
Governor, or which you may be able to collect from any other 
quarter, and make the best use you can of them to place the 
rights of the Colonies and the inconveniencies of a parlia- 
mentary taxation in the most striking point of light. 

You are also desired to correspond with the agents ap- 
pointed by the otlier Colonies, and unite your utmost endeav- 
ours with them in the common cause, for oljtaining a repeal 
of the late acts of Parliament, so grievous to the Colonies. 

We request your closest attention to this most important 
subject, and shall ever retain the most grateful sense of your 
assiduity and diligence upon this occasion, and wish you all 
the success that so just a cause fairly demands. 

To Richard Jackson, Esq'", Agent 

for the Colony of Connecticut. 

The House of Representatives of his Majesty's Colony of 
Connecticut in New England, in General Court assembled, 
taking into their serious consideration that an act of the Par- 
liament of Great Britain has been lately past, for granting 
and applying certain stamp-duties &c. in the British Colonies 
and Plantations in America, find ourselves distressed with the 
most alarming apprehensions, when we observe that grand 
legislature to entertain sentiments so different from ours 
respecting what we ever reckoned among our most important 
and essential rights as Englishmen. The constitution of tlie 
British government we esteem the happiest in the woild, 



422 PUBLIC RECORDS [Octobcr, 

founded on mnxims of consummate wisdom, and in the best 
manner calculated to secure the prerogatives of th*e crown 
while it maintains the just rights and liberties of the subject. 
By virtue of which constitution and the royal grant and 
charter of his Majesty King Charles the second, the inhabit- 
ants of this Colony have enjoyed great and inestimable lib- 
erties and priviledges, of a civil and religious nature, for more 
than a century past, and more especially under the auspicious 
government of the illustrious House of Hanover. That royal 
house have ever held sacred and inviolable those rights and 
priviledges of their loyal snbjects in this Colony, derived to them 
as aforesaid. In return for which the princes of that exalted 
line have ever had from this people their ardent desires of all 
happiness to their persons and glory to their empire. In- 
spired with the warmest sentiments of affectionate loyalty 
and duty, the colonists have been ever ready to sacrifice their 
lives and fortunes to the service of their King and country ; 
and believing that his Majesty's interest in this Colony can- 
not be more firmly established and perfectly secured, nor the 
happiness of the British nation more effectually promoted by 
us, than in our full possession and continued enjoyment of 
the rights and priviledges of the British constitution, which 
we have not forfeited, but ought to hold as Englishmen, and 
which are, if possible, rendered more sacred and indefeasible 
by the royal grant and charter aforesaid, which we conceive 
to stand upon the same basis with the grand charters and 
fountains of English liberty. And as the aforesaid act tends, 
(as we conceive,) to deprive us of the most interesting, 
important and essential of those rights, which we hold most 
[176] dear and cannot || on any possible considerations be 
induced willingly to part with, we are, therefore, filled with 
the most sensible grief and concern, and think it a duty we 
owe to his Majesty, to the Nation, to Ourselves and to Pos- 
terity, to express and declare the sense we have respecting 
the rights and priviledges which we may justly claim, and 
humbly hope to enjoy under his Majesty's gracious protection 
and government ; and do therefore declare and make it 
known in the following Declarations and Resolves. 

1. In the first place, we do most expressly declare, recog- 
nize and acknowledge his Majesty King George the third 
to be lawful and rightful King of Great Britain and all other 
the dominions and countries thereto belonging, and that it is 
the indispensible duty of the people of this Colony, as being 
part of his Majesty's dominions, always to l)ear faithful and 
true allegiance to his Majesty, and him to defend to the utmost 



176").] OF CONNECTICUT. 423 

of tlieir power against all attempts against his person, crown 
and dignity. 

2. That this Colony, or the greatest part thereof, was 
purchased and obtained for great and valuable considerations, 
and some other part thereof gained by conquest, with much 
difficulty, and at the only endeavours, expences and charges 
of our forefathers ; and that thereby considerable addition 
was made to his Majesty's dominions and interest; and that 
in consideration of such purchase <fec., as aforesaid, his 

.Majesty King Charles the second in the fourteenth year of 
his reign did for himself, his heirs and successors, ordain, 
declare and grant, unto the Governor and Company of this 
Colony and their successors, that all and every of the subjects 
of him, his heirs and successors, which should go to inhabit 
within the said Colony, and every of their children, which 
should be born there or on the sea in going thither or return- 
ing from thence, should have and enjoy all liberties and 
immunities of free and natural subjects within any of the 
dominions of the said King, his heirs or successors, to all 
intents, constructions and purposes whatsoever, as if they and 
every of them were born within the realm of England. 

3. That the free natural subjects of Great Britain born 
within the realm of England have a property in their own 
estate, and are to be taxed only by their own consent, given 
in person or by their representatives, and are not to be dis- 
seized of their liberties or free customs, sentenced or con- 
demned, but by lawful judgment of their peers ; and that the 
said rights and immunities were granted to and conferred on 
the inhabitants of this Colony by the royal grant and charter 
aforesaid, and therefore are their rights, to all intents, con- 
structions and purposes whatsoever. 

4. That the consent of the inhabitants of this Colony 
was not given to the said act of Parliament, personally or by 
representation, actual or virtual, in any sense or degree that 
at all comports with the true intendment, spirit, or equitable 
construction of the British constitution. 

5. That his Majesty's liege snbjects of this Colony have 
enjoyed the right and priviledge of i)eing governed by their 
General Assembly in the article of taxing and internal police, 
agreeable to the powers and priviledges granted and contained 
in the royal charter aforesaid, for more than a century past; 
and that the same have never been forfeited or any way 
yielded up, but have been constantly recognized by the King 
and Parliament of Great Britain. 

6. That, in the opinion of this House, an act for raising 



424 PUBLIC RECORDS [Octobcr, 

money by duties or taxes differs from other acts of legislation, 
in that it is always considered as a free gift of the people 
made by their legal and elected representatives ; and that we 
cannot conceive that the people of Great Britain, or their 
representatives, have right to dispose of our property. 

7. That the only legal representatives of the inhabitants 
of this Colony are the persons they elect to serve as members 
of the General Assembly thereof. 

8. That the vesting an antiiority in the courts of admir- 
alty, as in said act is provided, to judge and determine in suits 
relating to the duties and forfeitures contained in said act, 
and other matters foreign to their accustomed and established 
jurisdiction, is in the opinion of this House highly dangerous to 
the liberties of his Majesty's American sul)jects, contrary to 
the great charter of English liberty, and destructive of one 
of their most darling rights, that of tryal by juries, which is 
justly esteemed one chief excellence of the British constitu- 
tion and principal bulwark of English liberty. 

[177] 9. That it is the opinion of this House, that the 
said act for granting and applying certain stamp-duties &c., 
as aforesaid, is unprecedented and unconstitutional. 

10. That whenever his Majesty's service shall require the 
aid of the inhabitants of this Colony, the same fixed princi- 
ples of loyalty, as well as self preservation, which have hither- 
to induced us fully to comply with his Majesty's requisitions, 
will, together with the deep sense we have of its being our 
indispensible duty, (in the opinion of this House,) ever hold 
us under the strongest obligations which can be given or de- 
sired, most cheerfully to grant his Majesty from time to time 
our further proportion of men and money for the defence, 
security, and other services of the British-American Domin- 
ions. 

11. That we look upon the well-being and greatest secur- 
ity of this Colony to de])end (under God) on our connections 
with Great Britain, which wc ardently wish may continue to 
the latest posterity ; and that it is the humble opinion of this 
House, that the constitution of this Colony being understood 
and practiced upon as it has been ever since it existed is the 
surest band of union, confidence and mutual prosperity of our 
mother country and us, and the best foundation on which to 
build the good of the whole, whether considered in a civil, 
military, or mercantile light ; and of the truth of this opinion 
we are the more confident, as it is not founded on speculation 
only, but has been verified in fact, and by long experience 
found to produce, according to our extent and other circum- 



1765.] OF CONNECTICUT. 425 

stances, as many loyal, virtuons, industrious and well-gov- 
erned subjects, as any part of his Majesty's dominions, and 
as truly zealous, and as warmly engaged to promote the best 
good and real glory of the grand whole, which constitutes the 
British Empire. 

At a General Assembly holden at New Haven 2d Thursday 
of Octol)er, AD. 1765. 

In the House of Representatives : The foregoing Declarations 
and Resolves were voted and pass'd with great unanimity.* 
And it is further voted and desired by tiiis House, that the 
same be entered on the records aud remain in the files of the 
General Assembly of this Colony. 

Test. William Williams, Clerk. 
In the Upper House : Consented that the foregoing Declara- 
tion and Resolves be entered on the records and remain in the 
files of the General Assembly of this Colony, according to 
the desire of the House of Representatives. 

Test. George Wyllys, Secretary. 

Whereas the General Assembly of this Colony at their ses- 
sions in May last, upon the petition of .Tames Richardson of 
Stonington representing to this Assembly that he had a con- 
troversy with Benjamin Bancroft of Sufifield, relating to their 
book-accounts, charter of the sloop Gull, and also some goods 
and merchandize said to be received by said petitioner to sell 
for said Bancroft in the Havanna, in the year 1762, wliicli 
controversie was referred to the arbitrament of Jonathan 
Trumble, Ebenezer Backus and Joseph Chew, Esq", who 
awarded said petitioner to pay said Bancroft the sum of ^467 
lO.s. Od. lawful money ; that a recovery was had in favour of 
said Bancroft against said petitioner for the sum of X493 
13.S. 10(7.; that upon an execution granted on said judguient, 
said petitioner was then held in prison &c. ; further represent- 
ing that since the time of giving said award said petitioner 
had found new evidence &c. material to the matters submit- 
ted &c. ; praying for relief <fec. : it was resolved, that John 
Chester and Jaljcz Hamlin, Esq^^, and Mr. Jonatiian Wells 
of Glastonbury, be appointed a committee to enquire and ex- 
amine into all the matters submitted to said arbitrators as 
aforesaid, and to settle and adjust the same between said 
parties in equity, and make return of their doings to this As- 
sembly at their present sessions : And whereas the aforesaid 
committee, on account of the absence of one of their wit- 

* All the members of the Lower House concurred, except about five. 
IngerxoU's hetters. 45. 

54 



426 PUBLIC RECORDS [October, 

nesses proposed to be used by said Bancroft, at his request 
omitted to proceed and make their return to this Assembly at 
[178] their present sessions; || and whereas said parties now 
appear and request that said committee might be reappointed 
to do the service aforesaid : It is thereupon resolved by this 
Assembly, that John Chester, Jabez Hamlin, Esq'"^, and Mr. 
Jonathan Wells of Glastonbury, be and they are hereby ap- 
pointed a committee to enquire and examine into all the mat- 
ters submitted to said arbitiators as aforesaid, and to settle 
and adjust the same between said parties in equity, and make 
return of their doings to this Assembly at their sessions in 
May nest. 

Upon the petition of Joseph Denison, Esq"", of Stonington, re- 
presenting to this Assembly that he recovered a final judg- 
ment before the adjourned county court held at New London 
on tlie first Tuesday of February, A.D. 1763, against Robert 
Allyn and Nathan Allyn, both of Groton in said county, for 
the sum of £204 4 8, lawful money, in the whole, debt and 
cost; that in order to respond said judgment he had by his 
original writ of attachment in said action attached two tracts 
of land in said Groton as the estate of the said Robert Allyn, 
but the said Robert had defeated the said Denison of one of 
the said tracts of land by giving back his deed thereof to the 
grantor unrecorded, and the said Robert had conveyed the 
other tract of land to one Park Allyn by deed executed and 
kept unrecorded until after the same land was attached by 
the petitioner ; that said last mentioned deed was executed 
on no other consideration than only as a pledge to secure and 
indemnifie the said Park Allyn on account of his giving bail 
for the said Robert in three several actions commenced by the 
petitioner for his aforesaid debt and other debts due to him 
from said Robert ; that said Park never suffered on account 
of his giving said bail, but was wholly acquitted therefrom ; 
that said lands by the agreement of said Robert and Park 
Allyn ought to have been released to said Robert and holden 
by the petitioner to answer and satisfie his aforesaid final 
judgment, but contrary to said agreement and against right 
the said Robert and Park with one Joseph Allyn, combining 
and contriving wholly to defeat the petitioner ot his said del)t, 
the said Park hath executed a deed of said land to the said 
Joseph, and the said Joseph received the same with intent 
and design to defeat the petitioner of his said debt, and the 
said Joseph now holds said last-mentioned tract of land against 
the petitiimer, who having levied his execution thereon hath 
wholly lost his said debt, and the estate of said Robert Allyn 



1765.] OF CONNECTICUT. 427 

is so held and concealed that none can be come at by the 
petitioner ; and praying for relief &c., as per petition on file: 
Resolved by this Assembly, that Hezekiah Huntington, Shu- 
bael Conant and Joseph Spencer, Esq", be and they are here- 
by appointed a committee to call before them the petitioner 
and tJie said Joseph AUyn and any evidences relative to the 
matters aforesaid, at such time and place as they shall ap- 
point, and examine into the actions and transactions of the 
said Joseph AUyn relative to the matters contained in said 
petition and his receiving said deed and holding and transact- 
ing with the estate of said Robert, and all matters relative 
thereto, and make report to this Assembly at their sessions 
in May next of what they shall find, together with their opin- 
ion thereon. 

Upon the petition of Ebenezer Benton, of Hartford in 
Hartford county, representing to this Assembly that the 
south society in said Hartford, sometime in A.D. 1756, voted 
and agreed to raise by way of tax on themselves the sum of 
about £200 Os. Od. toward defraying the expences of finish- 
ing their meeting-house, and appointed Ebenezer Benton jun"", 
the son of the petitioner, then being in full life, a collector to 
collect a part of said rate, and that the committee of said 
society soon after made out and delivered to said collector a 
rate-bill amounting to about the sum of £119 Os. Od. being 
part of said £200 Os. Od., and that said Ebenezer jun"" pro- 
ceeded forthwith to collect and pay into the hands of said 
committee about £27 Os. Od., and that soon after great and 
unexpected difficulties arising in said society respecting the 
collecting said rate, and that thereupon said committee ordered 
said collector to cease any further collection of the residue of 
said rate until he should be ordered again to proceed, which 
was not done till sometime in A.D. 1760, when said committee 
anew ordered said collector to proceed to collect said rate, and 
that before he could have opportunity to do anything towards 
it he was by sickness disabled, and continued disabled from 
collecting said rate by his said sickness until his death, which 
happened sometime in A.D. 1764, and that said committee, 
said sickness notwithstanding, a little before the death of 
said collector took out a warrant of distress against said col- 
[179] lector, for to compel him himself to pay the residue of 
said II rate, though he had been unable to collect any of it, and 
that the sheriff of said county, into whose hands said warrant 
had been delivered when said collector lay at the point of death, 
applied to him to demand the payment of the residue of said 
rate ; the petitioner at that time being present, and being 



428 PUBLIC RECORDS [October, 

thereat greatly grieved and liurt was out [of J compassion to 
his said distressed son, (who soon after dyed,) induced to sat- 
isfie the demand of said warrant, on being assured that he 
might have liberty to make use of said rate-bill to reiml)urse 
himself, and that he has collected on said rate-bill about the 
sum of <£13 Os. Od only since that time, and that said 
society soon after appointed and authorized a new collector to 
collect in all the residue of said rate and to pay it to the 
society committee, altho they had been paid the whole of it 
before, and that the petitioner is thereby wronged by said 
society out of a large sum of money, and they absolutely re- 
fuse to do him right in the matter ; thereupon praying that 
a committee may be appointed to enquire the matters in said 
petition complained of, and report make : Resolved by this 
Assembly, that Erastus Wolcott, Esq"", Capt. Elienezcr Grant 
and Capt. Nathaniel Loomiss, all of Windsor, be and they 
are hereby appointed a committee to enquire into all the mat- 
ters in said petition complained of, and to report what they 
find to this or the next General Assembly to be holden at 
Hartford in May next, with their opinion thereon. 

Upon the petition of Benjamin Hide of Lyme, executor of 
the last will and testament of Colo. Stephen Lee late of New 
London, deceased, shewing to this Assembly that the debts due 
from the estate of said deceased, with charge of administra- 
tion &c., allowed by the court of probate, surmount the per- 
sonal estate of said deceased the sum of X134 4s. lOd. lawful 
money; that said deceased appointed John Lay 2d, Esq"", said 
petitioner and John Brown Lee, joynt executors of his said 
last will and testament, with power to make sale of so much 
of the real estate of said deceased as should be necessary to 
pay said debts &c. ; that said John Lay, Esq"", refused said 
executorship, and that said John Brown Lee has at all times 
refused and still refuses to joyn in the sale of any of said lands 
or to accept or refuse the executorship of said will, by means 
whereof said petitioner has been and still is unable to make 
sale of any part of said lands, and is now committed to prison 
for a debt due from the estate of said deceased ; praying that 
some suitable person may be appointed to make sale of so 
much of the lands of said deceased as shall be necessary to pay 
said del)ts &c., as per petition on file : Resolved by this i 
Assembly, that Jeremiah Miller, Esq"", of said New London, is * 
hereby granted liberty and power to make sale of so much of i| 
the real estate of said deceased as shall be necessary to raise 
said sum of £ 134 4s. lOd. lawful money, with the incident C 
charges arising on such sale, and that the avails thereof be 



1765.] OF CONNECTICUT. 429 

applied to the discharge of the debt for whicli said petitioner 
now stands couiniitted. It is also further resolved by this As- 
sembly, that liberty and power is hereby granted to said peti- 
tioner to make sale of so much of the real estate of said 
deceased as shall be sufficient to raise said sum of X134 4s. 
lOd. with the incident charges arising on such sale ; taking 
the particular direction of the court of probate for the district 
of New London therein : upon condition that said Jeremiah 
Miller, Esq"", shall for the si)ace of one month next after the 
rising of this Assembly neglect to make sale of so mucii of the 
real estate of said deceased as shall be sufficient to raise said 
sum or secure the payment of said sum of 134 4s. lOt?. to be 
paid towards the discharge of the said debt for which said 
petitioner now stands committed, as aforesaid. 

Upon the petition of Mortimer Stoddard of Groton, repre- 
senting to this Assembly that with the advice and consent of 
the selectmen of said Groton he purchased of Daniel Edwards 
of said Groton about 46 acres of land in said Groton, for which 
he, said petitioner, gave to said selectmen for the use of said 
Edwards a note payable for £80 Os. Od. and also for the fur- 
ther consideration paid sundry charges and* discounted debts, 
in the whole to the amount of £70 Os, Qd. lawful money ; that 
on account of some undue threatening, &c., attending the exe- 
cuting the deed given of said land, said deed has been adjudged 
void, and said petitioner is unable to hold said land &c. ; praying 
for relief respecting the consideration paid as aforesaid &c., as 
per petition on file : Resolved by this Assembly, that said note 
given for £80 Os. Od. be given up to said petitioner, and that 
llez'i Pluntington, Esq"", IShubael Conant, Esq"", of Mansfield, 
and Joseph Spencer, Esq"", of East Haddam, be and they are 
hereby appointed a committee to take into consideration the 
original debt mentioned in said petition, with the costs and 
charges thereon arisen, and examine and consider all matters 
relative thereto, and on the premises to make report to this As- 
sembly at their sessions in May next, with their opinion thereon. 

[180] Upon the petition of Jacob Bull and Thomas Bull, of 
Kent, against the Reverend Ebenezer White of Danbury, 
shewing to this Assembly that by a deed in nature of a mort- 
gage, dated July '2, 1762, for the consideration and sum of 
£101 17s. Id. lawful money, received of said Ebenezer AVhite, 
they made over and conveyed to him, his lieirs <fcc., a certain 
farm of land containing about one hundred acres, situate in 
Kent aforesaid, being the same farm that Joseph Washborjie 
and Benjamin Witter bought of Stephen Fairchdd of said Kent, 
and which the said Ebenezer White was bound by a certain 



4C0 PUBLIC RECORDS [October, 

counter-bond to reconvey to the petitioners upon their paying 
to him the said sum with the interest at or before the first day 
of July, 1763 ; further shewing, that the petitioners not hav- 
ing paid the whole of said monies, the said Ebenezer White 
hath instituted a suit in tlie law for the recovery of tlie said 
land ; praying to have liberty to redeem the said premises, 
paying the remaining borrowed monies yet due and charges, 
as by the petition on file : Resolved by this Assembly, that 
upon the petitioners paying to the petitionee the sum of £118 
l(3s. 5^d. lawful money, within one month from the 17th day 
of instant October, together with the lawful interest of that 
sum from said 17th day until the said sum shall be paid, and 
the sum of £1 16s. 4:d. lawful money, for the petitionee's 
cost at this Assembly, the petitionee, the said Ebenezer White, 
is hereby ordered by proper deed to reconvey to the petition- 
ers the farm of land aforesaid, on the penalty of forfeiting the 
sum of four hundred pounds, lawful money. J^x. granted for 
the cost aforesaid October Slst, 1765. 

Upon the petition of Jabez Hall, of New Fairfield in Fair- 
field county, representing to this Assembly that Nathan Hurl- 
burt, of Sharon in Litchfield county, brought his action against 
him on note to the county court held in Litchfield in Litchfield 
county by adjournment on the 1st Tuesday of January, 1761, 
demanding £28 Os. Od. damages, and that said action is now 
depending in the superior court to be held in said Litchfield 
county ; said Hall complaining that by force of certain agree- 
ments made and entered into by said Hurlburt and Hall said 
note ought not to have been put in suit against him, as by 
said petition on file may more fully appear : Resolved by this 
Assembly, that said petition be referred to the General As- 
sembly to be holden at Hartford on the 2d Thursday of May 
next, for consideration, and that the action on the note refer- 
red to in the petition, now depending in the superior court for 
tryal, be suspended till the rising of said Assembly in May 
next. 

Upon the petition of Hannah Clark and Sheldon Clark, 
executors of the last will and testament of William Clark late 
of Derby, deceased, representing to this Assembly that some- 
time in September, A. D. 1761, it was agreed conditionally 
between Enos Allyn and Thomas Howel, merchants in com- 
pany, and the said William Clark, that the said Clark should 
purchase of the said Ailing and Howel a quantity of salt, 
which they then had stored in a warehouse in said Derby, if 
tliey could not otherwise dispose of the same, and that about 
the 25th day of December, 1761, at the instance and upon the 



1765.] OF CONNECTICUT. 431 

proposal of the said Ailing;, the said agreement and hargain 
■was relinquished and mutually released l)y the said parties to 
ciich other, and that sometime in February or March following 
the whole of said salt was washed out of said store liy a flood, 
and totally destroyed and lost, and that the said Ailing and 
Jlowel having sometime after commenced a suit at law" against 
said Clark, demanding payment for said salt, the matter was 
sulimitted to the arbitrament of arbitrators, M-ho awarded that 
the said Clark should pay half the value of said salt, for which 
he then gave his note to the said Ailing and Howel, upon 
which note judgment has since been recovered in law against 
tlie petitioners, and that the said Clark at the time of giving 
said note was indisposed and incapable of recollecting the 
evidence of said release, and consequently could not produce 
it before said arbiti-ators, but that since that time the peti- 
tioners have found sufficient evidence to pi"ove and establish 
tliat point; thereupon praying that a committee may be ap- 
])>)inted to enquire into the matters complained of and report 
make, as by said petition on file may more fully appear : 
Resolvedby this Assembly, that Messrs. Roger Sherman, Sam- 
uel Bishop jun"", both of New Haven, and Mr. Daniel Bennet 
of Stratford, be and they are hereby appointed a committee 
with full power to enquire into all the matters complained of 
in said petition, and make report of what they find with their 
opinion thereon to this or the next General Assembly to be 
holden at Hartford in May next. 

Upon the jietition of Elisha Bigelow of Hartford, against 
John Benton and Elizabeth his wife, and Samuel Farnsworth, 
{dl of said Hartford, shewing to this Assembly that the said 
John Benton in right of his said wife had wrongfully obtained 
[181 I an allowance of certain || debts due from the estate of 
Josiah Bigelow late of said Hartford, deceased, of whose last 
will the said Elizabeth is executrix, the said debts having 
been before carried in and allowed by the court of probate 
and lands sold to pay the same, and that the said John with 
his said wife having- got the said debts so twice allowed had 
olitained an order of Assembly for selling some of the real 
estate of said Josiah, and in consequence thereof had sold 
to said Samuel Farnsworth a certain piece or parcel of said 
Josiah's estate, viz : a piece of meadow-land containing eight 
acres two roods and twenty-two rods, situate and lying in 
said Hartford, bounded and descril)ed as in a deed given 
thereof by said John and Elizabeth Benton to said Samuel 
Farnsworth, dated the 27tli day of December, 1764, and 
recorded in said town of Hartford; further shewing that said 



432 PUBLIC RECORDS [Octobcr, 

Benton had proceeded to make sale of said lands after being 
forbid and coniitermanded by the judge of probate, of all 
which the said Farnsworth had notice ; also shewing that the 
order of said court of ])robate allowing said debts the last 
time hath been reversed and set aside by the superior court ; 
praying to have said deed vacated and declared null and 
void, as by the petition on file: Resolved by this Assembly, 
and it is hereby ordered and decreed, that the aforesaid deed 
so o])tained by said Samuel Farnsworth of said John Bentou 
and Elizabeth his said wife is and shall be void and of no 
effect for the holding the land comprized and mentioned 
therein, nor shall the same be admitted or allowed to be given 
in evidence in any court for the making any title thereto. 

Wiiereas Joseph Olcott, of Hartford in the county of Hart- 
ford, brought his petition to this Assembly at their sessions at 
Hartford in May last, representing that on or about the month 
of March, 1758, he was indebted and gave his note to Joseph 
Webb of Weathersfield, since deceased, for the sum of £400 
Os. Od. New York money, payable in September then next ; 
that afterwards he paid to the said Joseph Webl) on account 
of said note the sum of =£100 Os. Od. lawful money, which 
ouglit to have been endorsed thereon and never was done in 
his life time ; that the said Webb brought his action on said 
note against said petitioner and recovered a judgment for the 
whole sum of said note and interest thereon, and had execu- 
tion thereon, which the petitioner hath been obliged to suffer 
and pay with large sums for interest since, without any allow- 
ance for said £100 Os. Od. paid as aforesaid; praying for 
relief, as per said petition on file : and Samuel Talcott and 
John Ledyard, Esq^s, of said Hartford, were appointed a com- 
mittee to examine into the matters referred to in said petition 
and report to this Assembly at their present sessions, and the 
said committee have not been able to make their report 
according to appointment: Whereupon this Assembly do 
reappoint the said Samuel Talcott and John Ledyard, Esqi's, 
to enquire into the matters aforesaid, and make report of what 
they find in the premises and their opinion thereuj)on to this 
Assembly in their sessions at Hartford in May next. And 
the said petition is hereby continued to the sessions of this 
Assembly at Hartford in May next. 

Upon the memorial of Tom Sherman and Eunice his wife, and 
Sarah Shoran, Indian natives of Poquannuck in tlie town of 
Stratford, preferred to this Assembly in October, 1768, against 
Richard Hall, Aaron Hawley, Gamaliel French, Joseph Booth, .] 
Ezra Kirtland, the Rev^ Robert Ross, Mary Burret, Elisha Bur- 



1765.] OF CONNECTICUT. 433 

ret, Daniel Morriss, John Burr jun"", Samuel Porter and Sarah 
Booth, widow of Joseph Booth, deceased, representing and 
complaining that they had been dispossessed of their land at 
a place called Golden Hill, in said town, by the petitionees 
living on and near said lands, a committee being appointed 
in May last to enquire into said matters of complaint and to 
make report 1o this Assembly of what they sliould find in the 
premises, and they having now reported that, having fully 
enquired into the said matters and heard all parties upon the 
same, tlie Indians have declared their consent and willingness 
to possess and enjoy a certain piece or parcel of land called 
Nimrod Lot, containing about twelve acres, with the spring 
at the point of Golden Hill aforesaid, bounded westerly by 
an liighway, eastwardly by Poquannuck River, northerly by 
Jabez Summers's land, and southerly by the cove and com- 
mon land, also about eight acres of woodland at Rocky Hill, 
to be purchased for them by the petitionees, they also paying 
to them, the said Indians, thirty bushels of Indian corn and 
tliree pounds worth of blankets ; this to be in full of all 
demands and in full satisfaction of all claims of or to all and 
any lands there to be hereafter made by them or their suc- 
cessors, as by the report on file may more fully appear ; to 
which the petitionees agreeing, the said report is accepted 
and approved : Whereupon it is resolved and ordered by this 
Assembly, that the said Indians shall possess and enjoy the 
said twelve acres together with said spring of water and said 
eight acres of land, when purchased as aforesaid, with the 
priviledges and appurtenances, free and undisturbed to them 
and their posterity, in the same manner and subject to the 
[182] same limitations as said twelve || acres were holden 
together with other lands by act of Assembly in May, 1659 ; 
the petitionees purchasing for said Indians the said eight 
acres of woodland and paying to them said thirty bushels of 
indian corn and three pounds worth of blankets, to the 
acceptance of Thomas Hill, Esq"", the said Indians' guardian, 
on or before the first day of January next after the rising of 
this Assembly; in which case the said petitionees, their heirs 
and assigns, to be and remain quieted in the peaceable enjoy- 
ment of said residue of said lands from all and any claim of 
said Indians. And it is further resolved, that the petitionees 
pay to the said Thomas Hill, Esq"", to be to and for the use 
of the petitioners, in order to defray their charges in prose- 
cuting tliis matter, the sum of £52 ll 2, and that execution 
go forth accordingly. J*Jx. granted October 31.s-^, 1765, 
Upon the memorial of Samuel Dunham and Daniel Dun- 
65 



434 PUBLIC RECORDS [October, 

ham, both of Lebanon, administrators on the estate of the 
Late Jonathan Ncvvcomb of said Lebanon, deceased, and of 
Sanniel Dunham, guardian to Joanna Newcomb and Ruba 
Newcomb, and of Deborah Newcomb, guardian to Alice, 
Deborah and Zilpah Newcomb, shewing that tlie said Jona- 
than Newcomb in his life time was possessed of four acres of 
land in Hebron in the county of Hartford in the society of 
Andover, through the lands runs a stream on which is a 
shop and fulling-mill, which said land, mill and shop he was 
desirous to sell, and being in a low and weak state of body, 
and in apprehensions of advantage to his health, took a 
voyage to Nova Scotia and appointed the said Samuel Dun- 
ham his attorney, which said Samuel with the said Deborah, 
then wife and now the widow and relict to said deceased, 
knowing his desire and mind that the said land, mill and shop 
should 1)6 sold, did on the 18th day of March, 1765, before 
the death of said Jonathan, bargain and agree to sell the 
same to one John Payne of Lebanon for the sum of fifty-five 
pounds, lawful money, and for compleating said bargain took 
security of said Payne for said sum and lodged in a third 
person's hand to hold to said bargain, and sent a deed ready 
drawn of said land, mill and shop to Nova Scotia, to be exe- 
cuted by said Jonathan, but before the same came to his 
hands to execute he, the said Jonathan, dyed there in the 
month of May last : that great part of the money will be 
wanted to pay the said Newcomb's debts; that the mill and 
shop lye in a perishing and decaying condition ; that the land 
by itself is not worth more than forty shillings, lawful money, 
per acre ; that the mill and shop will not be valuable at the 
time that the heirs come to age ; praying that the said Sam- 
uel Dunham and Daniel Dunham, administrators on the 
estate of said deceased, may be authorized and impowered to 
compleat the said sale of said four acres of land, mill and 
shop &c., as by said memorial on file : Resolved by this 
Assembly, that tlie said Samuel Dunham and Daniel Dunham 
be and they are hereby authorized and impowered, to make 
and execute to him, the said John Payne, his heirs and 
assigns, a good and ample deed of conveyance of the said 
four acres of land, fulling-mill and shop, with the appurte- 
nances thereof, to fulfill and accomplish the bargain afore- 
said, and account for the said sum of fifty-five pounds, lawful 
money, to the court of probate in the district of Windham. 

Upon the memorial of the inhabitants of the northwesterly 
and westerly parts of the town of Ashford in the county of 
Windham, praying to be made a distinct ecclesiastical society 



1765.] OP CONNECTICUT. 435 

with all the powers and priviledges of other societies in this 
Colony, with bounds and limits as follows, viz: To bcuin at 
the northwest corner bound of said Ashford, and from thence 
to run east seven degrees south in the line between Ashford 
and Union three miles and one hundred aud thirty-five rods 
to a maple tree ; from thence south five degrees and forty 
minutes west four miles wanting twelve rods to a l)lack-oak; 
tree on a hill, called Horse Hill ; thence south twenty-five 
degrees west one mile and half and twelve rods, to a tree at 
the crotch of the river; thence west thirty-five degrees south 
one mile and half and twelve rods to a chestnut tree with 
stones about it on Biigbec's Hill ; thence west seven degrees 
north two miles to a heap of stones near a white-oak tree in 
the line between Ashford and Wellington, being called the 
two-mile monument from Mansfield line ; thence north seven 
degrees east, as the line between Ashford aud Wellington, six 
miles and a half to the first-mentioned bounds : Resolved by 
this Assembly, that the inhabitants living or that shall here- 
after dwell in the northwesterly and westerly parts of the 
township of Ashford in the county of Windham, and within 
the limits above described, be and they are hereby made and 
constituted one distinct ecclesiastical society, with all the 
priviledges and powers and immunities that other ecclesiasti- 
cal societies in this Colony are vested with, and shall be 
known aud called by the name of Westford. 

Upon the memorial of Stephen Hopkins and others, inhab- 
itants of the first society in Waterbury, representing that they 
[183] live at a great distance from the ]ilace of public worship || 
and [are] put to great inconvenience in attending the same in 
the winter season ; praying for the priviledge of a winter-par- 
ish for four months in the year, viz : the months of December, 
January, February and March : Resolved by this Assembly, 
that the memorialists have and they have hereby granted to 
them the priviledge of a winter-parish for the term of three 
years from the rising of this Assembly, within the following- 
bounds and limits, viz : beginning at a heap of stones at Long 
Lands, so called, on the east of the highway from Newhaven 
to Waterbury, and thence east to Wallingford line ; thence 
continuing east so as to comprehend the first tier of lots in 
WalHngford bounds, and from thence south to New Haven 
bounds ; from thence west to the three tiees called the Three 
Brothers, and from thence south in the line between Milford 
and Newhaven to Lebanon Brook; from thence west to Nau- 
gatuck River, to where Spruce Brook empties into said river on 
the west side ; from thence to the highway where it turns 



436 PUBLIC RECORDS [October, 

south by Thomas Osborn's lot, to Derby ; from thence to Mes- 
hadick Brook where Moss's Road crosses to Westbury, and 
from thence east to the first mentioned hea})of stones, exclud- 
ing all the land contained in said bounds belonging to the soci- 
ety of Oxford, and also excluding Samuel Por4,er and all land 
now belonging to him. And the memorialists living within 
said limits and bounds, excepting as aforesaid, have the priv- 
iledges usually belonging to winter parishes hereby granted 
for the term of three years, in the months of December, Jan- 
uary, February and March, annr.ally. 

Upon the memorial of John Hall 2d and others, inhabitants of 
the society of Wells in "Wallingford in Newhaven county, repre- 
senting that the General Assembly of said Colony at their ses- 
sions at Hartford in May, 1763, a|)pointed Jonathan Trumlde, 
Esq"", of Lebanon, Jabez Hamlin, Esq"", of Midletown, and Capt. 
John Lawrence, of Hartford, a committee to enquire of the 
state and value of the old meeting-house in the first society in 
said Wallingford, and what in equity said society of Wells 
ought to have therefor, estimating such part according to the 
advantage thereof to said first society, and also what other 
temporal interest belongs to said first society, and also to 
enquire into the grievances complained of concerning the 
taxes, referred to in their memorial preferred to said Assem- 
bly in May, 1763, and that said committee did not make any 
report thereupon ; praying for a reappointment of said com- 
mittee, or that a new committee be appointed &c. : Resolved 
by this Assembly, that Jonathan Trumble, Esq"", of Lebanon, 
Jabez Hamlin, Esq"", of Midletown, and Capt. John Lawrence, 
of Hartford, be and they are hereby reappointed a committee 
to enquire of the state and value of the old meeting-house in 
the first society in said Wallingford, and what in equity said 
society of Wells ought to have therefor, estimating such part 
according to the advantages thereof to said first society, and 
also what other temporal interest belongs to said first society, 
and also to enquire into the grievances complained of concern- 
ing the taxes referred to in their memorial preferred to said 
Assembly in May, 1763, and to make report of what they shall 
find in the premises with their opinion thereon to this or the 
next Assembly. 

Upon the memorial of WaitHinman and others, inhabitants 
in the westerly and southwesterly parts of the parish of South- 
bury, representing to this Assembly that they live at a great 
distance from the place of public worship in said society, some 
living four and five miles, and others six and seven miles dis- 
tant therefrom, and that they are put to great difficulty and 



1765.] OF CONNECTICUT. 437 

trouble to attend public worship where they now attend, and 
that they are about one lliird })art of the list of estate in said 
parish of Southberry, which parish list is about X12000 Os. 
Od. ; tliereupou praying- that they maj' be made a distinct eccle- 
siastical society, with all liberties and priviledges which bylaw 
belong to such societies, and that they may be divided from said 
parish of South beriy by a line drawn from the north line of 
said parish of Southberry to the south line thereof, in sucli 
a direction as to pass straight by the houses of Stephen Brun- 
son and Eldad King, so as to comprehend said houses, or in 
some other way grant relief to the memorialists, as by said 
memorial on file appears : Resolved by this Assembly, that 
Oliver Wolcott, Moses Lyman and Samuel Nash, Esq", be and 
they are liereby appointed a committee to repair to said par- 
ish of Southberry and to enquire into and examine and view 
the situation and circumstances of the memorialists, and all 
others living within the limits prayed for, and also the cir- 
cumstances of said society of Southberry in regard to the 
memorialists being made into a distinct ecclesiastical society 
by the line prayed for or any other line, and their report make 
of what they find together with their opinion thereon to the 
General Assembly to be holden at Hartford in May next. 

Upon the memorial of Eleazer Hubbel, Dan Towner, Eph- 
raim Hubbel, and the rest of the inhabitants of New Fairfield, 
shewing to this Assembly that there is a grant of land within 
this Colony about two miles in length and about half a mile in 
width, lying on the west side of Ousatunnuck River adjoining 
west on New Fairfield east line, with three families living on 
[184] the same, II that is annexed to no particular township 
nor said inhabitants held to pay Colony or town taxes &c. ; 
praying that said grant of land with said inliabitants living 
thereon may be annexed to the town of New Fairfield &c., as 
per memorial on file: it is thereupon enacted by the Govern- 
or, Council and Representatives, in General Court assembled, 
and by the authority of the same, that the aforesaid grant of 
land about two miles in length and about half a mile in width, 
adjoining to the east line of said New Fairfield, be and the 
same is hereby annexed to the township of New Fairfield and 
wholly included within the county of Fairfield and within the 
jurisdiction of the said town of New Fairfield ; and that the 
inhabitants living on the aforesaid grant of land, hereby an- 
nexed as aforesaid, shall be intituled to all the priviledges and 
be liable to the duties and services of the other inhabitants of 
the said town of New Fairfield. 

On the memorial of Jonathan Tuttle and Theophilus Tut- 



438 PUBLIC RECORDS [October, 

tie, both of Wallingford, shewing to this Assembly that for 
about twelve years past they have constantly attended pul)lic 
worship in the first society in said Wallingford and paid all 
parochial taxes thereunto, that it now appears that a due 
south line by the needle of the surveying instrument from the 
southeast corner of Cook's farm, so called, will take them and 
part of their lands into the parish of New Cheshire ; praying 
that they and their estates lying in said Wallingford may he an- 
nexed to said first society, as per their memorial on file appears : 
It is thereupon resolved, that said memorialists be and tliey 
are hereby, and their estates lying in said Wallingford, 
annexed to said first society in Wallingford and be deemed 
and accounted to belong thereto forever hereafter. 

Upon tlie memorial of Humphry Avery, Esq^, of Norwich in 
the county of New London, representing that in the year 1750, 
the General Assembly were graciously pleased to allow him to 
take out of the public treasury two thousand one hundred 
pounds in bills of the New Hampshire and Rhode Island Col- 
onies on his securing the repayment of said sum in Connecti- 
cut bills at the end of two years free from interest ; that 
before the expiration of said two years he collected a sufficient 
sum of said Hampshire and Rhode Island bills to discharge 
said bond, but as Connecticut bills were calling in about that 
time for consumption he was put to great difficulty in procur- 
ing said Connecticut bills and compelled to give ten or twelve 
per cent, allowance in exchange ; that in November, 1754, he 
paid off the sum of said bond ; that for the interest of the 
said bond from May, 1752, until said payment suit is pending 
against him ; praying that on his paying the charges which 
have arisen in said suit he might be discharged and released 
from paying said interest money : Resolved by this Assem- 
bly, that on said Humphrey Avery's paying to Mathew Gris- 
wold. Esq"", the costs which have arisen in said suit on said 
bond and the sum of twenty pounds, lawful money, that said 
bond be given up unto him, said Avery, and he be therefrom 
discharged. 

On the memorial of the President and Fellows of Yale 
College in Newhaven, shewing that about four years ago 
they were under necessity to build a new hall or chapel for 
the accommodation of the students at morning and evening 
prayers and various scholastic exercises, which has already 
cost =£953 lis. 8c?. lawful money, of which X244 Os. M. 
have been paid by subscription and £382 Os. Oc?. out of the 
college treasury, which is thereby exhausted, and a debt re- 
mains of X327 lis. 8c?., and therefore praying relief in the 



1765.] OP CONNECTICUT. 439 

present necessitous state of the college : Granted the snm 
of tlirce hundred twenty-seven pounds eleven sliillings and 
eight pence, lawful money, out of the public treasuiy of this 
Colony to said president and fellows ; and the Treasurer of 
this Colony is hereby ordered to pay the same. 

Upon the memorial of Samuel Kent of Sufifield, adminis- 
trator on the estate of Richard Austin late of Suffield, de- 
ceased, shewing to this Assembly that the debts and charges 
due from the estate of said deceased and for which no certifi- 
cate hath heietofore been granted surmount the moveable 
estate of said deceased the sum of XIG 3 7, lawful money; 
praying for liberty to sell so much of the real estate of said 
deceased as will raise said sum with necessary charges arising 
thereon : Resolved by this Assembly, that the said Samuel 
Kent, the memorialist, have liberty, and lil)erty and power is 
hereby granted to him, to sell so much of the real estate of 
said deceased as will raise said sum of £16 3s. Id. lawful 
money, with the incident charges arising thereon ; taking di- 
rection of the court of probate for the district of Hartford 
therein. 

Upon the memorial of Jabez Brainerd, Abraham Brooks, 
and others of the first society in Haddam, shewing to tliis 
Assembly that on the memorial of said society to this Assem- 
bly held at Hartford on the 2d Thursday of May, 1764, pray- 
ing for a committee to ascertain and affix a place whereon to 
build a meeting-house, the said Assembly did appoint and im- 
power Elisha Williams, Esq"", and Capt. Thomas Curtiss, both 
of Weathersfield, and Mr. Isaac Lee jun"", of Farmington, to 
repair to said society and hear all concerned, and view &c., 
[185] II and ascertain the place whereon said society should 
build a meeting-house, and make report &c. ; which said com- 
mittee did repair to said society and heard all conceined, and 
viewed said society and the circumstances thereof, and did 
make their report to this Assembly at their sessions at New- 
haven in October last, and that the said committee did affix 
and ascertain a place whereon to build a meeting-house for 
divine worship, about eight or ten rods southward of the 
dwelling-house of the Rev^ Mr. Eleazer May, as by the 
records of this Assembly and the report of said committee 
appears : Resolved by this Assembly, that the place by the 
said committee ascertained and aflfixed, about eight or ten 
rods southward from said Mr. ]\Iay's house, be and is by this 
Assembly confirmed and established to be the place for said 
society to build a meeting-house for divine worship. 

Upon the memorial of Abner Kelsey, administrator on the 



440 PUBLIC RECORDS [October, 

estate of George Chatfield late of Killingwortli, deceased, re- 
presenting to this Asseml)ly that the debts and charges 
allowed by the court of probate for the district of Guilford 
against said estate surmount the inventoried moveable estate 
of said deceased the sum of £2Q Os. Qd. lawful money, and 
praying for liberty to sell so much of the real estate of said 
deceased as may be sufficient to pay said sum with incident' 
charges arising on such sale, as per memorial on file : Re- 
solved by this Assembly, that the said memorialist have lib- 
erty, and liberty and authority is hereby granted to him, to 
sell so much of the real estate of said deceased as shall be 
sufficient to pay said sum of £2Q Os. 6d. with incident charges 
arising on such sale ; taking the direction of the court of pro- 
bate for the district of Guilford therein. 

Upon the memorial of Samuel Watson and Sarah Town, 
administratrix on the estate [of] Archelaus Town late of 
Killin^ly, deceased, shewing to this Assembly that the said 
Archelaus deceased, in his life time, made and executed to the 
said Samuel Watson a deed of bargain and sale, dated April 
22d, 1763, for the consideration therein mentioned, and that 
after the executing of said deed the said grantor dyed, viz : 
in May, 1763, before he had any opportunity of acknowledg- 
ing said deed, by reason whereof the said deed could not be 
legally recorded, and prayii)g this Assembly to order and enact 
that said deed might notwithstanding be accounted valid and 
good in law to all intents and purposes as tho the same had 
been duly acknowledged in the life time of said grantor, and 
that the town clerk of said town of Killingly be ordered and 
directed to record the same upon application made &c., as by 
said memorial on file may appear : Resolved by this Assem- 
bly, that said deed be accounted good and valid in law to all 
intents and purposes, as tho the same had been duly acknowl- 
edged in the life time of said graiitor, and that said town 
clerk be hereby directed and ordered to record the same. 

On the memorial of Mary Dresser, administratrix on the 
estate of Mr. Thomas Dresser late of Pomfret, deceased, 
shewing to this Assembly that the debts due from the said 
estate surmount the moveable or personal estate of said de- 
ceased the sum of £22d 19s. Od. lawful money ; praying to 
this Assembly for liberty to make sale of so much of the real 
estate of said deceased as shall be sufficient to raise said sum 
of £225 19s. Od.: Resolved by this Assembly, that liberty 
and authority be and the same is hereby granted unto the said 
Mary Dresser, to make sale of so much of the real estate of the 
said Thomas Dresser, deceased, as shall be sufficient to raise 



1765.] OF CONNECTICUT. 441 

said sum of £225 19.s. Od. lawful money, with incident 
charges arising on sucli sale ; taking the direction of the 
court of probate for the district of Pomfret therein. 

Upon the memorial of the inhabitants of the south society in 
the town of New Fairfield, shewing to this Assembly that said 
society are destitute of a settled minister of the gospel, and 
that their list is not more than £3500 Os. Od. and great part 
of the best lands in said society are owned by non-resident 
proprietors, by means whereof and the former charges that 
they have been at in settling and supporting ministers, they 
are unal)le to raise money by a tax on their list sufficient to 
defray the charges of preaching the gospel in said society; 
therefore praying this Assembly to levy a tax on all the lands 
in said society, to be improved for the purpose of supporting 
the gospel ministry in said society agreeable to the constitu- 
tion established by law in this Colony, as by their memorial 
on file more fully appears : Resolved by this Assembly, that 
there be a tax of one penny per mtnum per acre for three years 
next ensuing upon all the lands that are surveyed and laid 
out in said society, to be paid by the respective owners of such 
lands, to be improved for supporting a regular minister or 
candidate for the ministry authorized according to the eccle- 
siastical constitution established by law in this Colony to preach 
the gospel in said society : the first year's tax to be paid by 
the first day of April, 1766, the second by the first day of 
April, 1767, and the third by the first day of April, 1768. 
And Mr. Phineas Beardsley of said New Fairfield is hereby 
appointed and fully authorized to collect said tax and pay the 
same unto Daniel Smith, Alexander Fairchild and Neliemiah 
Beardslee, all of said New Fairfield, to be by them improved 
for the purposes abovementioned, 

[186] Upon the memorial of Peter Hurlburt, executor of 
the last will and testament of John Buck late of Weathersfield, 
deceased, representing to this Assembly that the personal estate 
of said John Buck was not sufficient to pay his debts, and 
that the debts due from said estate, including the allowances 
made for the support of the infant child of said Buck, sur- 
mount the moveable estate of said John the sum of £19 18s. 
S^d. lawful money; praying for liberty to sell so much of the 
real estate of said Buck as to raise said sum with the incident 
charges arising thereon : Resolved by this Assembly, that 
the said Peter Hurlburt, the memorialist, have liberty, and 
liberty is hereby granted to him, to sell so nmch of the real 
estate of which the said John Buck, deceased, [died] seized 
as to raise said sura of £19 18s. 8id. lawful money, with 
56 



4i2 PUBLIC RECORDS [October, 

the incident charges arising thereon ; taking the direction of 
the court of probate for the district of Hartford therein. 

Upon the memorial of John Mills junr and Timothy Barns, 
administrators with Ihe will annexed on the estate of Abra- 
ham Miller late of Farmington, deceased, shewing to this As- 
sembly that the debts due from said estate surmount the 
moveable estate of the said deceased the sum of £26 17s. 
lOd. lawful money, and no provision made in said will to pay 
said debts, as by the certificate from the clerk of probates 
appears, and therefore praying for liberty to make sale of so 
much of the real estate of the deceased as will raise the said 
sum of X26 17s. lOd. with incident charges arising on the 
sale thereof, by the advice of the court of probate in the dis- 
trict of Hartford therein, as per memorial on file: Resolved 
by this Assembly, that the said John Mills jun"" and Timothy 
Barns have liberty, and liberty and authority is hereby given 
and granted to them, to sell and convey so much of tlie real 
estate of the said deceased as will be sufficient to pay and 
discharge the said sum of <£26 17s. lOd. together with the 
incident charges arising on the sale thereof; taking the direc- 
tion of the court of probate for the district of Hartford 
therein. 

Upon the memorial of Sarah Mather, executrix of the last 
will and testament of Thomas Mather late of Boston in the 
county of Suffolk and Province of the Massachusets Bay, 
deceased, shewing to this Assembly that the debts due and 
the charges of administration on the estate of said deceased 
surmount the personal or moveable estate of the said deceased 
the sum of <£1.52 3s. 11^^^. lawful money, and that the real 
estate that the said deceased died seized of lyes within the 
Colony of Coiniecticut, viz : in Pomfret in the county of Wind- 
ham ; praying to this Assembly that the memorialist with the 
assistance of Mr. John Payson of Pomfret aforesaid may have 
liberty to make sale of so much of the real estate of the said 
deceased as shall be sufficient to raise said sum of <£152 3s. 
llhd. : Resolved by this Assembly, that the said Sarah Ma- 
ther and John Payson have liberty, and liberty and authority 
is hereby granted unto them, to make sale of so much of the 
real estate of the said Thomas Mather, deceased, lying in said 
Pomfret, as shall be sufficient to raise the said sum of X152 
3s. ll^d. with the incident charges arising on such sale ; tak- 
ing the advice of the court of probate in the district of Pomfret 
therein. 

Upon the memorial of Abraham Chapman, administrator on 
the estate of Anne Chapman late of New London, deceased, 



1765.] OF CONNECTICUT. 443 

shewing to this Assemljly that the debts due from said estate 
and allowed b}' the court of probate for tlie district of New- 
London surmount the personal estate of said deceased the sum 
of £17 4s. Id. ; praying for liberty to sell so much of the real 
estate of said deceased as to raise said sum with the incident 
charges arising on said sale &c., as per memorial on file 
appears : Resolved by this Assembly, that the memorialist 
have liberty, and liberty and authority is hereby given him, 
to sell so much of the real estate of said deceased as will raise 
said sum of X17 4.s. 1(^. with the incident charges arising on 
said sale; taking the direction of the court of probate for the 
district of New London therein. 

Upon the memorial of Samuel Atwater, administrator on 
the estate of Daniel Atwater, deceased, shewing to this Assem- 
bly that the debts and charges due from the estate of said 
deceased, together with some allowances to the widow, sur- 
mount the moveable part of said estate the sum of <£11 10s, 
Od. lawful money ; praying for liberty to sell so much of the 
real estate of said deceased as shall be sufficient to pay said 
sum with the incident charge of such sale, as per memorial 
on file appears : Resolved by this Assembly, that the memo- 
rialist have liberty, and liberty and authority is hereby grant- 
ed unto him, to make sale of so much of the real estate of said 
deceased as shall be sufficient to pay said sum with the inci- 
dent charges of such sale ; taking the direction of the court of 
probate for the district of New Haven therein. 

Upon the memorial of Sarah Kendal, administratrix on the 
estate of Mr. Joshua Kendal jun"" late of Ashford, deceased, 
shewing to this Assembly that the debts due from said estate 
surmount the personal or moveable estate of said deceased the 
sum of X49 13s. Hd. lawful money ; praying to this Assem- 
bly for liberty to make sale of so much real estate of said de- 
ceased as will be sufficient to raise said sum of £49 13s. 7o(^. : 
[187] II Resolved by this Assembly, that the memorialist have 
liberty, and liberty and authority is hereby given to the said 
memorialist, to make sale of so much of the real estate of the 
said deceased Joshua Kendal jun'' as shall be sufficient to 
raise said sum of <£49 13s. l^d. with the incident charges 
arising on such sale ; taking the advice of the court of prol)ate 
for the district of Pomfret therein. 

Upon the memorial of Elizabeth Gates and Nathan Flynt, 
administrators on the estate of Daniel Cook jun"" late of Tol- 
land, deceased, shewing to this Assembly that the debts, 
charges and allowances due from said estate surmount the 
personal estate of said deceased the sum of X9 18s. Od. money ; 



444 PUBLIC RECORDS [October, 

praying for liberty to sell so much of the real estate of the 
said deceased as to raise said sum with the necessary incident 
charges arising on said sale, as per memorial on file : Re- 
solved by this Assembly, that liberty be granted, and the said 
Nathan Flynt is hereby impowered, to sell so much of the real 
estate of the said deceased as to raise the said sum of £9 18 
0, money, for the payment of the debts of the said deceased 
together with the necessary chaiges of sale ; taking the direc- 
tion of the court of probate in the district of Stafford therein. 

Upon the memorial of Eunice Clark, administratrix on the 
estate of Jonathan Clark late of New Milford, deceased, shew- 
ing to this Assembly that the debts and charges due from tlie 
estate of the said deceased surmount the moveable estate of 
the said deceased the sum of £25 8 11, lawful money; pray- 
ing to be impowered to sell so much of the real estate of the 
said deceased as shall be sufficient to pay said sum with the 
incident charges of such sale : Resolved by this Assembly, 
that the memorialist have liberty and slie is hereby impow- 
ered, to sell so much of the real estate of the said deceased as 
shall be sufficient to pay said sum of X25 8s. llt^. lawful 
money, with the incident charges of such sale ; taking the 
direction of the court of probate for the district of Woodbury 
therein. 

Upon the memorial of Elisha Frisbie of Brandford, execu- 
tor of the last will and testament of Ebenezer Frisbie, deceas- 
ed, shewing to this Assembly that the debts due from the 
estate of the said deceased surmount the moveable part of said 
estate the sum of £316 1 3, lawful money, and that no pro- 
vision is made in the last will of said deceased to discharge 
the same ; praying for liberty to sell so much of thereat estate 
of said deceased as shall be sufficient to pay said sum with the 
incident charges of such sale, as per memorial on file appears : 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted unto him, to make 
sale of so much of the real estate of said deceased as shall be 
sufficient to pay said sum together with the incident charge of 
such sale ; taking the direction of the court of probate for the 
district of Guilford therein. 

Upon the memorial of Sary Walkley and Asa Walkley, both 
of Haddam, administrators on the estate of Simeon Walkley, 
late of Haddam, deceased, shewing to this Assembly that the 
debts and charges due from the estate of said deceased sur- 
mount the moveable part thereof the sum of £54 13 6, lawful 
money, and thereupon praying for liberty to sell real estate 
&c. : Resolved by this Assembly, that the memorialists have 



1765.] OF CONNECTICUT. 445 

liberty and tliey are hereby authorized and impowered, to sell 
so much of the real estate of said deceased as will procure the 
aforesaid sum of .£54 13 6 together with the incident charges 
arising on such sale ; taking the direction of the court of pro- 
bate for the district of Midletown therein. 

On the memorial of John Forster jun"" of Midletown, admin- 
istrator on the estate of John Forster 2d, late of Midletown, 
deceased, shewing to this Assembly that the debts and charges 
due from said estate surmount the moveable part of said estate 
the sum of ,£106 13s. Id., and thereupon praying for liberty 
to sell land &c. : Resolved by this Assembly, that the memo- 
rialist have liberty and he is hereby authorized and impow- 
ered, to sell so much of the i-eal estate of said deceased as will 
procure the aforesaid sum of £106 13s. Id. together with the 
incident charges arising on such sale ; taking the direction of 
the court of probate in the district of Midletown therein. 

On the memorial of Abraham Brooks, administrator on the 
estate of David Smith late of Haddam, deceased, shewing to 
this Assembly that the debts and charges due from the estate 
of said deceased surmount the moveable part thereof the sura 
of <£14 10s. K)d. lawful money, and thereupon praying for lib- 
erty to sell lands &c. : Resolved by this Assemlily, that the 
memorialist have liberty and he is hereby authorized and im- 
powered, to sell so much of the real estate of said deceased as 
will procure the aforesaid sum of .£14 10 5 together with the 
incident charges arising on such sale ; taking the direction of 
the court of probate in the district of Midletown therein. 

Upon the memorial of Abigail Humphrey, administratrix 
on the estate of Thomas Humphrey late of Windsor, deceased, 
shewing to this Assembly that the debts due from said estate 
surmount the moveable estate of said deceased the sum of 
£158 12s. Wd. ?>q. lawful money, and therein praying for lib- 
erty to make sale of so much of the real estate of the said 
deceased as will raise the said sum of £158 12s. lid 2>q. with 
[188] the incident charges || thereof by the advice of the court 
of probate in the district of Hartford therein, as per memorial 
on file : Resolved by this Assembly, that the said Abigail 
Humphrey have liberty, and liberty and authority is hereby 
given and gi-anted unto her, to sell and convey so much of the 
real estate of the said deceased as will l)e sufficient to pay and 
discharge the said sum of £158 12s. Hid. together with the 
incident charges arising on the sale thereof; taking the advice 
and direction of the court of probate in the district of Hartford 
therein. 

On the memorial of William Clark of Midletown, adminis- 



446 PUBLIC RECORDS [October, 

trator on the estate of Ambrose Clark late of Midlctowii, 
deceased, shewing to this Assembly that the debts and 
charges due from the estate of said deceased surmount the 
moveable part of said deceased's estate the sum of £91 
9s. 2c?., and thereupon praying for liberty to sell real estate 
&c. : Resolved by this Assembly, that the memorialist have 
liberty and he is hereby authorized and impowered, to sell so 
much of the real estate of said deceased as will procure the 
aforesaid sum of £91 9«. 2d. together with the incident 
charges arising on such sale ; taking the direction of the 
court of probate for the district of Midlctown therein. 

On the memorial of Daniel Pease, executor of the last will 
and testament of Pjbenezer Jones late of Somers, deceased, 
shewing to this Assembly that the debts due from said estate 
and allowances made by the court of probate to the widow of 
the deceased surmount the personal estate of said deceased £26 
Os. 2d. lawful money, and said testator hath made no provision 
by said last will to answer the same ; praying for liberty to 
make sale of so much real estate of said deceased as will be 
sufificient thereunto : Resolved by this Assembly, that liberty 
and authority be and the same is hereby granted unto said 
Daniel Pease, to make sale of so much of the real estate of 
said deceased as shall be sufficient to raise said sum with 
incident charges arising thereon ; taking the direction of the 
court of probate in the district of Hartford therein. 

Upon the memorial of Jonathan Hawley of Stratford, 
administrator on the estate of Joseph Nichols late of Strat- 
ford, deceased, representing to this Assembly that the debts 
and charges due from the estate of said deceased and allowed 
by the court of probate for the district of Fairfield, with some 
allowance for necessaries to the widow, surmount the movea- 
ble estate of said deceased the sum 9f £11 15s. 4|c?. lawful 
money ; praying liberty to sell so much of the real estate 
of said deceased as shall pay said sum &c., as per memorial 
on file : Resolved by this Assembly, that the memorialist 
have liberty, and liberty and authority is hereby granted to 
him, to make sale of so much of the real estate of said 
deceased as shall be sufficient to pay said sum of £11 15s. 4|fZ. 
lawful money, with the incident charges arising thereon ; 
taking the directions of the court of probate for the district 
of Fairfield therein. 

On the memorial of Azubah June, administratrix on the 
estate of Simeon June late of Stanford in the district of 
Stanford, dedeased, shewing to this Assembly that the debts 
&c. due from the estate of said deceased, with some necessa- 



1765.] OF CONNECTICUT. 447 

ries allowed to tlie widow, surmount the personal estate of 
said deceased the sum <£25 7s. 9t:?. lawful money; praying 
liberty to make sale of so much of the real estate of said 
deceased as will raise said sum with the incident charges of 
sale : Resolved by this Assembly, that the memorialist have 
liberty and she is hereby impowered, to make sale of so 
much of the real estate of said deceased as will raise said 
sum of <£25 7s. 9d. lawful money, with the incident charges 
arising on such sale; taking the direction of the court of 
probate in the district of Stamford therein. 

Considering the present peculiar and perplexed situation of 
public affairs relating to this Colony, and the dark aspects of 
Divine Providence with regard to our most dear and valual)le 
rights and priviledges, and of the dijhculties and distresses 
we are or may be involved in : His Honour the Governor is 
therefore hereby desired, as soon as may be convenient, to 
appoint a day of public Fasting and Prayer to be attended in 
this Colony, fervently to implore divine aid, direction and 
wisdom, as the melancholy state of affairs require ; and that 
his Honour issue his Proclamation therefor accordingly. 

Resolved hy this Assembhj, That the Map of this Colony 

taken from actual surveys, made l)y Messrs. Asa Spalding, 

Moses Park and Samuel Mott, by order of his Honour the 

Governor with the advice of this Assembly, and laid down 

by them, be and is hereby ordered to be dedicated as follows : 

To the liight Honorable Henry Seymour Conivuy, one of his 

Majesty^s ^:/ri//(??'/)aZ Secretaries of State, this 3Iap of the 

Colony of Connecticut is dedicated by his most obedient, humble 

servants, the Crovernor and Company of said Colony * 

[189] The Sums Total of the Lists of the Polls and Rateable Estate of 

the Inhabitants of the several ToAX'-ns in this Colony hereafter 

mentioned, sent in to this i^ ssembly are as follow, viz : 



Harwinton, 


£5441 13 





Hebron, 


£19000 








Canaan, 


11420 17 





Plainfield, 


11000 








Ashford, 


13828 16 


9 


Symsbury, 


23944 


17 





Glastonbury, 


14204 15 


6 


Fairfield, 


61325 


4 


9 


Enfield, 


10543 17 





Saybrook, 


22100 








Lebanon, 


37554 15 





Guilford, 


3::685 


1 


4 


Lyme, 


22847 14 


2 


Bran ford, 


22689 





10 


Groton, 


24357 5 





Stratford, 


45050 









*The Earl of Halifax, to whom in May, 17G5, it had been proposed to 
dedicate the map. had been succeeded in otHce in July by Conway. Two 
copies of tbe map were prepared: one to be preserved in the Secretary's 
office, where the editor has seen it within twenty years, though it is not 
now to be found. Search in the Public Record Office, Loudon, failed to 
discover the copy sent to England. 



448 



PUBLIC RECORDS 



[October, 



Haddam, 


13909 


11 





Kent, 


13269 








Farmington, 


51340 


10 


5 


Stafford, 


7846 








Windliam, 


26318 


18 


4 


Litchfield, 


14675 


3 


6 


Preston, 


19285 


6 





Durliam, 


11040 


9 


9 


Killingworth, 


17516 


19 


1 


Norwalk, 


38677 


11 


2 


Pomfrett, 


22207 


13 


6 


East Haddam, 


22005 








Woodstock, 


17915 








Colchester, 


28582 


16 


2 


Killinglv, 


22912 


10 





New Hartford 


, 6125 


12 





Tolland; 


11198 


18 


6 


New Fairfield, 


9255 


13 


1 


Canterbury, 


15471 


8 


4 


Bolton, 


9067 


7 





Stonington, 


34004 


2 


5 


Voluntown, 


10910 


7 





Sommers, 


6646 








Cornwal, 


6106 


1 





Sharon, 


12809 


9 


6 


Wellington, 


6194 


6 


6 


Salisbury, 


11737 


4 


6 


Coventry, 


19686 


4 





Woodbury, 


43057 


6 


8 


Stamford, 


30647 


1 


8 


Windsor, 


42811 


10 


6 


Wallingford, 


42955 


8 


3 


Danbury, 


20912 


6 





Mansfield, 


16699 


7 





Derby, 


14753 


5 


6 


New London, 


32920 


16 


3 


Norwich, 


59801 


13 


6 


Newtown, 


19012 


10 


6 


Waterbury, 


28101 


4 


8 


Ridgefield, 


16000 








Midletown, 


54874 


13 





Weathcrsfield, 


28660 


10 


6 


New Milfurd, 


20379 


14 


2 


New Haven, 


55695 


19 


3 


Suffield, 


16859 


14 





Torrington, 


4826 


2 





Goshen, 


9461 


19 





Mil ford, 


26078 


10 


1 


Greenwich, 


18872 


18 





Hartford, 


37980 


3 






On the petition of John Ray, of the city and Province of 
New York, vs. John Andrews of Fairfield, executor of the 
last will and testament of George Cable late of said Fairfield 
in the county of Fairfield, deceased, as on file: The question 
was put, whether the superior court in proceeding to and ren- 
dering the judgment referred to in said petition missed the 
law &c. : Resolved by this Assembly in the negative. 

On the petition of John Beckwith, of Lyme in the county 
of New London, vs. Pygan Adams and Joseph Coit, Esqi's, of 
New London in the county of New London, as on file : The 
question was put, whether either of the things prayed for in 
said petition should be granted : Resolved by this Assembly 
in the negative. 

On the petition of Elisha Lord, of Norwich in the county 
of New London, vs. Oliver Wolcott, of Litchfield in the 
county of Litchfield, as on file: The question was put, 
whether in proceeding to and rendering the judgment re- 
ferred to in said petition manifest error hath intervened : 
Resolved by this Assembly in the negative. 



1765.] OF CONNECTICUT. 449 

On the petition of Edmund Burret and Mary his wife, both 
of Stratford in the county of Faiifield, vs. Richard Shute, 
of Danbury in said county of Fairfield, as on file : The 
question was put, whether in proceeding to and rendering the 
judgment of the superior court referred to in said ])etition 
manifest error hath intervened as the petitioner hath alledged. 
and complained of: Resolved by this Assembly in the 
negative. 

[190] On the petition of John Ray jun"", of Newhaven in 
the county of Newhaven, vs. Susannah Lewis, administratrix 
on the estate of Barnabas Lewis late of Newhaven aforesaid, 
deceased, as on file : The question was put, whether the 
prayer of said petition sliould be granted : Resolved by this 
Assembly in the negative. Cost allaived respondent is £1 11 
8, lawful money. Ex. granted Oct. 31s^, 1765. 

On the petition of Richard Vandyke and William Wick- 
ham, both of the city and Province of New York, vs. William 
Bush, Ebenezer Hol)by and Jesse Hallick, all of Greenwich 
in the county of Fairfield, and Thomas Wright, of East Ches- 
ter in the county of West Chester and Province of New York, 
as on file : The question was put, whether the prayer of said 
petition should be granted : Resolved by this Assembly in 
the negative. Cost allowed respondents is £j\ 14 0, lawful 
money. Ex. granted Oct. 31si, 1765. 

On the petition of Thomas Wright and Daniel Wright, both 
of the city, county and Colony of New York, vs. John Lou- 
den, late of Norwich in the county of New London in the 
Colony of Connecticut now residing at Cornwallis in Nova 
Scotia, as on file : The question was put, whether in proceed- 
ing to and rendering the judgment of the superior court re- 
ferred to in said petition manifest error hath intervened as 
therein is alledged and complained of: Resolved by this As- 
sembly in the negative. 

On the petition of Edward Allen, of Milford in the county 
of Newhaven, vs. John Smith of said Milford, as on file: The 
question was put, whether in proceeding to and rendering the 
judgment complained of in said petition error hath inter- 
vened, as therein set forth and complained of : Resolved by 
this Assembly in the negative. 

Resolved hy this Assembly^ That the Treasurer of this Col- 
ony forthwith attend on this Assembly with a sufficient sum 
of money to pay the members thereof. 

This Assembly grants to Eliphalet Dyer, Esq"", the sum of 
forty-one pounds five shillings, lawful money, over and above 
57 



450 PUBLIC RECORDS [Octobcr, 

what he has already received, for his expences and service in 
attending the late Congress at New Yorli, and the Treasurer 
of this Colony is hereby directed to pay the same to him ac- 
cordingly. 

This Assembly grants to David Rowland, Esq"", over and 
above what he has already received, for his expences and ser- 
vice in attending the late Congress at New York, the sum of 
forty-seven pounds nineteen shillings and nine pence, lawful 
money, and the Treasurer of this Colony is hereby directed 
to pay the same to him accordingly. 

This Assembly grants to Wm. Sam' Johnson, Esq"", over 
and above what he has already received, for his expences and 
service in attending the late Congress at New York, the sum 
of forty-seven pounds nineteen shillings and nine pence, and 
the Treasurer of this Colony is hereby directed to pay the 
same to him accordingly. 

Ordered hy this Assembly, That the Treasurer of this Col- 
ony pay unto Mr. Asa Spalding, of Norwalk in the county of 
Fairfield, the sum of ninety-nine pounds eighteen shillings 
and ten pence, allowed by this Assembly to be the full of his 
account for his service and expences in surveying and mak- 
ing a Plan of this Colony, pursuant to an order of the Gen- 
eral Assembly of this Colony in May last. 

Ordered by this Assembly, That the Treasurer of this Col- 
ony pay unto Mr. Samuel Mott, of Preston in the county of 
New London, the sum of sixty-three pounds fourteen shillings 
and six pence, allowed by this Assembly to be the balance of 
his account for his service and expences in surveying and 
making a plan of this Colony, pursuant to an order of the 
General Assembly of this Colony in May last. 

Ordered by this Assembly, That the Treasurer of this Col- 
ony pay unto Mr. Moses Park, of Preston in the county of 
New London, the sum of eighty-nine pounds nine shillings, 
allowed by this Assembly to be the balance of his account for 
his service and expences in making a plan of this Colony, 
pursuant to an order of the General Assembly of this Colony 
in May last. 

This Assembly grants to his Honour the Governor the sum 
of one hundred and fifty pounds, lawful money, for the last 
half of his salary for the current year, and the Treasurer is 
ordered to pay the same accordingly. 

This Assembly grants to his Honour the Deputy Governor 
the sum of fifty pounds, lawful money, for the last half of his 
salary for the current year, and the Treasurer is prdered to 
pay the same accordingly. 
1 



1766.] OP CONNECTICUT. 451 

Resolved hy this Assembly, That tlie Treasurer of this Col- 
ony be and he is hereby ordered to pay Mr. Timothy Green, 
printer to the Governor and Company of this Colony, tlie sum 
of thirty-one pounds fourteen shillinii;s and three pence, for 
his service in printing the acts of this Assembly, &c.,* as per 
his bill exhibited to and allowed by this Assembly. 

This Court is adjourned until the Governor, or in his ab- 
sence the Deputy Governor, shall see cau .e to call it to meet 
again. 

Teste George Wyllys Secret'y 



[191] Anno Regni Regis Georgii tertii sexto, ^ 

At a General Assembly and Court of Election holden 
AT Hartford in hts Majesty's English Colony of Con- 
necticut in New England in America on the second 
Thursday of May and continued by several adjourn- 
ments until the thirtieth day of the same month, an- 
noque Domini 1766. 

Present : 
The Honorable Thomas Fitch, Esq^, Governor.f 
The Honorable William Pitkin, Esq"", Deputy Grovernor. 

Jonathan Trumbull, Mathew Griswold, "^ 

Hezekiah Huntington, Shubael Conant, 

John Chester, Elisha Sheldon, VEsq", Assistants. 

Benjamin Hall, Jabez Huntington, | 

Jabez Hamlin, J 

Represeyitatives or Deputies of the Freemen of the several 

Towns are as follow, viz : 
Colo. William Pitkin, John Ledyard, Esqi", for Hartford. 
Roger Sherman, Esq'', Mr. Samuel Bishop, for New Haven. 
Mr. Jeremiah Miller, Mr. William Hilhouse, for New London. 
Mr. Lothrop Lewis, Colo. John Read, for Fairfield. 
Maj. Jedidiah Elderkin, Capt. Samuel Murdock, for Wind- 
ham. ^ 

* One item of this bill was £13, for printing 300 copies of the stamp 
act. Finance & Currency, v. 91. 

f In March, 1766, was published at Hartford by Thomas Green a pam- 
phlet of fourteen pages, written bj^ Governor Fitch, with the title Some 
reasons which influenced the Governor to take ami the Councillors to adminis- 
ter the Oath required by the Act of Parliament, commonly called the Stamp 
Act ; Hunibly submitted to the consideration of the public. It did not, how- 
ever, have the effect of securing the re election of himself and the four 
Assistants by whom the oath was administered to him. 



452 PUBLIC RECORDS [Maj, 

Colo. Ebenezer Marsh, Mr. Isaac Baldwin, for Litchfield. 

Mr. Isaac Traccy, Maj. Johu'Durkee, for Norwich. 

Mr. Abraham Davenport, Oapt. Cliarles Webb, for Stamford. 

Maj. Amos Cheesbrough, Mr. Paul Wheeler, for Stonington. 

Capt. Jabez Sherwood, Oapt. Messenger Palmer, for Green- 
wich. 

Capt. Moses Fish, Capt. Benadam Gallop, for Groton. 

Mr. John Ransom, Mr. Eliphalet Comestock, for Kent. 

Mr. Daniel Alden jan'", Capt. Isaac Pinney, for Stafford. 

Mr. John Fowler'^Mr. Robert Treat, for Milford. 

Mr. Phineas Sti'ong, Mr. Ephraim Root, for Coventry. 

Capt. Daniel Taylor, Mr. Samuel Dickingson, for Danbury. 

Mr. John Stiong, Mr. Jonathan Root, for Farmington. 

Capt. Samuel Morgan, Colo. Samuel Coit, for Preston. 

Mr. Daniel Foot, Capt. Peter Bulkley, for Colchester. 

Capt. John Wilson, Mr. Abijah Catlin, for Harwinton. 

[192] Mr. Jonathan Dresser, Colo. Israel Putnam, for Pom- 
frettr 

Mr. Bryant Brown, Mr. Benja. Leavins, for Killingly. 

Mr.( Richard Fairman, Capt. Henry Glover, for Newtown. 

Capt. Nehemiah Lyon, Mr. Ebenezer Payne, for Woodstock. 

Mr. Joseph Hopkins, Mr. Stephen Upson, for Waterbury. 

fir. Bushnel Bostwick, Capt, Samuel Canfield, for New Mil- 
/ ford. 

' Capt. Isaac Kellogg, Mr. Martin Smith, for New Hartford. 
/ Capt. Eleazer Huljbel, Mr. Ephraim Hubbel, for New Fair- 
field. 

Capt. James Wadsworth jr., Mr. Nathan Camp, for Durham. 

Mr. John Gordon, Mr. Robert Dixon, for Voluntown. 

Mr. Emery Pease, for Sommers. 

Capt. Benja. Sumner, Capt. Jedidiah Fay, for Ashford. 

Mr. William Williams, Mr. Benajah Bill, for Lebanon. 

Mr. Edward Collins, Mr. Natbaniel Terry, for Enfield. 

Capt. William Hoadly, Mr. Samuel Russel,for Brandford. 

Mr. Thomas Fitch jun'', Mr. Joseph Piatt, for Norwalk. 

Mr. Benja. Chaplin, Mr. John Salter, for Mansfield. 

Mr. Alex"" Wolcott, Mr. Mathew Rockwell, for Windsor. 

Mr. John Cook, Mr. Noah Wilson, for Torrington. 

Mr. Zebulon West, Capt. Samuel Chapman, for Tolland. 

Maj'' Elizur Talcott, Mr. William Welles, for Glastonbury. 

Capt. Thomas Pitkin, Mr. Benja. Talcott, for Bolton. 

Mr. Abner Barker, Capt. Timo. Pearl, for Wellington. 

Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. 

Capt. Jonath. Pettibone, Capt. John Case, for Symsbury. 

Colo. Samuel Willard, Capt. John Murdock, for Saybrook. 



1766.] OF CONNECTICUT. 453 

Mr. William Lee, Mr. Nathan Olmstead, for Riclp:efield. 
Mr. Daniel Sherman. Mr. Increase Moseley, for Woodbury. 
Capt. Samuel Kent, Mr. William King, for Sufficld. 
Mr. Nathaniel Hill, Mr. Nath. Ruggles, for Guilford. 
Mr. Noah Rogers, Mr. Heman Swift, for Cornwal. 
Mr. John Lay 2d, Mr. Samuel Selden, for Lyme. 
Mr. John Phelps, Capt. Samuel Gilbert, for Hebron. 
Maj'' Hez'' Brainerd, for Haddam. 

Capt. Robert Fairchild, Capt. Ichabod Lewis, for Stratford. 
Capt. Macock Ward, Capt. Samuel Hull, for Wallingford. 
Mr. Elisha Payne, Maj"" p]zekiel Pierce, for Plainfield. 
Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbury. 
Mr. Moses Lyman, Capt. Ebenezer Norton, for Goshen. 
Mr. Seth Wetmore, Mr. Richard Alsop, for Midletown. 
Mr. Daniel Holbrook, Capt. Abel Gun, for Derby. 
Capt. Elisha Williams, Capt. Thomas Belding, for Weathers- 
field. 
Capt. John Williams, Capt. Caleb Jewet, for Sharon. 
Colo. David Whitney, Mr. Charles Burrel, for Canaan. 
Capt. John Pierson, Colo. Aaron Eliott, for Killingworth. 
Mr. Dyer Throop, for East Haddam. 

Zebulon West, Esq'', Speaker, | of the House of 
Mr. William Williams, Clerk, \ Representatives. 
[193] This day being appointed by the royal charter and 
the laws of this Colony for the Election of the public officers 
of the Colony, viz : Governor, Deputy Governor, Assistants, 
Treasurer and Secretary, proclamation was made, and then 
the votes of the freemen were given in to the persons appoint- 
ed by the Assembly to receive, sort and count them ; which 
persons were, Jonathan Trumbull, Hezekiah Huntington, John 
Chester, Benjamin Hall, Jabez Hamlin, Mathew Griswold, 
Shubael Conant, Elisha Sheldon, Jabez Huntington, Mr. John 
Ledyard, Capt. Elisha Williams, Capt. John Fowler, Mr. Sam- 
uel Bishop, Mr. William Hilhouse, Colo. Samuel Coit, Capt. 
Robert Fairchild, Mr. Thomas Fitch jun"", Capt. Jabez Fitch, 
Majf Jedidiah Elderkin, Colo. Ebenezer Marsh and Capt. John 
Williams, who were all sworn to a faithful discharge of that 
trust. And the freemen's votes being brought in, sorted and 
counted. 

The Honorable William Pitkin, Esq"", is chosen Governor 
of this Colony for the year ensuing. 

The Honorable Jonathan Trumbull, Esq"", is chosen Deputy 
Governor of this Colony for the year ensuing 

Hezekiah Huntington, Esq^, Mathew Griswold, Esq"", Shu- 
bael Conant, Esqf, Elisha Sheldon, Esq'', Eliphalet Dyer, Esq^ 






454 PUBLIC RECORDS [May, 

Jabez Huntington, Esq^, William Pitkin jim'", Esq'',* Roger 
Sherman, Esq% Robert Walker, Esq"^, Abraham Davenport, 
Esq% William Samuel Jolmson, Esq', Joseph Spencer, Esq"^, 
are chosen Assistants for the year ensuing. 

Joseph Talcott, Esq'', is chosen Treasurer of tliis Colony for 
the year ensuing. 

George Wyllys, Esq^ is chosen Secretary of this Colony for 
the year ensuing. 

The Governor's oath appointed by the law of this Colony, 
and the oath required by the act of Parliament made and pass- 
ed in the fourth year of the reign of his Majesty George the 
third, entituled An act for granting certain duties in the Brit- 
ish Colonies and Plantations in America &c., were indue form 
and manner administered to the Hon'^'e William Pitkin, Esq"", 
now chosen Governor of the Colony of Connecticut. 

The Deputy Governor's oath appointed by law was admin- 
istered by his Honor the Governor to the Hon'^'fi Jonathan 
Trumble, Esq"", now chosen Deputy Governor. 

The Assistaiit's oath prescribed by the law of this Colony 
was duly administered to Hezekiah Huntington, Mathew Gris- 
wold, Shubael Conant, Elisha Sheldon, Eliphalet Dyer, Jabez 
Huntington, William Pitkin jun"", Roger Sherman, Robert 
Walker, Abraham Davenport, William Samuel Johnson, and 
Josepii Spencer, Esq''% now chosen Assistants over this Col- 
ony. 

The Treasurer's oath prescribed by law was duly adminis- 
tered to Joseph Talcott, Esqs now chosen Treasurer. 

The Secretary's oath appointed by law was administered 
by his Honor the Governor to George Wyllys, Esq"^, now chosen 
Secretary of this Colony. 

And now the said new elected public officers of the Colony 
took their seats and places accordingly in the present session 
of the General Assembly of the Governor and Company of the 
Colony of Connecticut aforesaid, to transact the incident and 
proper business and concerns of said Assembly. 

Ordered, That Elisha Sheldon and John Williams, Esq", 
return the thanks of this Assembly to the Reverend Mr. 
Jonathan Lee, for his sermon delivered before the Assembly 
on the 8th instant, and desire a copy thereof that it may be 
printed. 

[194] This Assembly do appoint the Honorable Jonathan 
•Trumbull, Esq"", to be Chief Judge of the Superior Courts in this 
Colony for the year ensuing. 

*Ezekiel Williams of Weathersfield, Esq', was appointed Sheriff of Hart- 
ford county, February 3d, 1767, in the room of William Pitkin, Esq', pro- 
moted. Courant No. 110. 



17(36.] OP CONNECTICUT. 455 

This Assembly do appoint Robert Walker, Esq"", Mathew 
Grisvvokl, Esq"", Eliphalet Dyer, Esq"", and Roger Sherman, Esq"^, 
to be Judges of the Superior Courts in this Colony the year 
ensuing. 

This Assembly do appoint Jabez Hamlin, Esq^ to be Judge 
of the County Court in and for the county of Hartford for 
the year ensuing. 

This Assembly do appoint Roger Newton, Esq'', to be Judge 
of the County Court in and for the county of Newhaven 
for the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq"", to 
be Judge of the County Court in and for the county of New 
London for the year ensuing. 

This Assembly do appoint David Rowland, Esq'^, to be 
Judge of the County Court in and for the county of Fairfield 
for the year ensuing. 

This Assembly do appoint Shubael Conant, Esq% to be 
Judge of the County Court in and for the county of Wind- 
ham for the year ensuing. 

This Assembly do appoint John Williams, Esq'', to be Judge 
of the County Court in and for the county of Litchfield for 
the year ensuing. 

This Assembly do appoint Joseph Talcott, Esq^ to be Judge 
of the Court of Probate for the district of Hartford for the 
year ensuing. 

This Assembly do ajipoint Jabez Hamlin, Esq^ to be Judge 
of the Court of Probate for the district of Midletown for the 
year ensuing. 

This Assembly do appoint Joseph Spencer, Esq"", to be Judge 
of the Court of Probate for the district of East Haddam for 
the year ensuing. 

This Assembly do appoint Zebulon West, Esq"^, to be Judge 
of the Court of Probate in and for the district of Stafford for 
the year ensuing. 

This Assembly do appoint John Hubbard, Esq^ to be Judge 
of the Court of Probate for the district of Newhaven for the 
year ensuing. 

This Assembly do appoint Nathaniel Hill, Esq"", to be Judge 
of the Court of Probate for the district of Guilford for the 
year ensuing. 

This Assembly do appoint Gui-don Saltonstall, Esq"", to be 
Judge of the Court of Probate for the district of New Lon- 
don for the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq"", to 
be Judge of the Court of Probate for the district of Norwich 
for the year ensuing. 



456 PUBLIC RECORDS [May, 

This Assembly do appoint David Rowland, Esq-", to be 
Judge of the Court of Probate for the district of Fairfield 
for the year ensuing. 

This Assembly do appoint Jonathan Hoit, Esq'', to be 
Judge of the Court of Probate for the district of Stamford 
for tlie year ensuing. 

This Assembly do appoint Thomas Benedict, Esq'', to be 
Judge of the Court of Probate for the district of Danbury 
for the year ensuing. 

This Assembly do appoint the Hon^'ie Jonathan Trumbull, 
Esq"", to be Judge of the Court of Probate for the district of 
Windham for the year ensuing. 

This Assembly do appoint Jabez Fitch, Esq"", to be Judge 
of the Court of Probate for the district of Plainfield for the 
year ensuing. 

This Assembly do appoint Ebenezer Williams, Esq"", to be 
Judge of the Court of Probate for the district of Pomf rett for 
the year ensuing. 

This Assembly do appoint Daniel Sherman, Esq"", to be 
Judge of the Court of Probate for the district of Woodbury 
for the year ensuing. 

[195] This Assembly do appoint Ebenezer Marsh, Esq"", 
to be Judge of the Court of Probate for the district of Litch- 
field for the year ensuing. 

This Assembly do appoint John Williams, Esq^ to be 
Judge of the Court of Probate for the district of Sharon 
for the year ensuing. 

This Assembly do appoint William Woicott, Zebulon West, 
Seth Wetmore and Samuel Talcott, Esq'^% to be Justices of the 
Peace and Quorum in and for the county of Hartford the year 
ensuing. 

This Assembly do appoint John Chester, Thomas Welles, 
Phineas Lyman, Jabez Hamlin, Joseph Fowler, George 
Wyllys, Joseph Talcott, John Ledyard, Thomas Hosmer, Jona- 
than Hills, Thomas Seymour, John Pitkin, Samuel Enno, 
Erastus Woicott, Josiah Bissel, Henry Allyn, Elisha Williams, 
Joseph White, Joseph Southmaid, Nathaniel Chauncey, 
Mathew Talcott, John Hooker, Solomon Whitman, Jared Lee, 
Hezekiah Gridley, John Strong, William Wadsworth, John 
Owen, Judah Holcomb, Jonathan Pettibone, Hezekiah Humph- 
rey, Samuel Kent, Hezekiah Brainerd, Joseph Wells, Jona- 
than Hale, John Kiml)erly, William Welles, Daniel Cone, 
Daniel Brainerd jun"", Epaphras Lord, John Watrous, Daniel 
Foot, John Phelps, Alexander Phelps, Samuel Gilbert, Elisha 
Steel, Thomas Pitkin, Benjamin Talcott, Ephraim Terry, 



176G.] OF CONNECTICUT. 457 

Joseph Olmstcad. Isaac Pinney, Abtier Barker, Samuel Rey- 
nolds, Peter Bulkley, and Daniel Alden jun"", Esq'^*, to be Jus- 
tices of the Peace in and for the county of Hartford for the 
year ensuing. 

This Assembly do appoint Joseph Hart, Esq"", to be a 
Justice of the Peace in and for the county of Hartford for 
the year ensuing. 

This Assembly do appoint John Hubbard, Elihu Chauncey, 
and Thomas Darling, Esqf^ to be Justices of the Peace and 
Quorum in and for the county of Newhaven for the year 
ensuing. 

This Assembly do appoint Roger Sherman, Esq^, Justice of 
Quorum in and for the county of Newhaven for the year 
ensuing. 

This Assembly do appoint Roger Newton, Benjamin Hall, 
Samuel Sherman, John Wliiting, Samuel Sacket, Daniel 
Lyman, Samuel Hemingway, Rol)ert Treat, Nathan Baldwin, 
John Fowler, Timothy Russel, Daniel Holbrook, Charles 
French, Thomas Mathews, Joseph Hopkins, Caleb Humiston, 
Timothy Judd, Elilui Hnll, John Hall, Caleb Merriman, Ben- 
jamin Hall 4th, James Wadsworth j'^, Theophilus Rossiter, 
Samuel Robinson, Nathaniel Ruggles, Nathaniel Hill, Josiah 
Meiggs, Jonathan Russell, Josiah Rogers, Samuel Barker, 
William Hoadley, James Barker, Stephen Upson jun'', and 
Aaron Lyman, Esq'"'', to be Justices of the Peace in and for 
the county of New Haven for the year ensuing. 

This Assembly do appoint Nathaniel Hill, Esq"", to be Jus- 
tice of the Quorum for the county of Newdiaven for the year 
ensuing. 

This Assembly do appoint Christopher Avery, Richard 
Lord, Pygan Adams and Ebenezer Backus, Esq^^, to be 
Justices of the Peace and Quorum in and for the county of 
New London for the year ensuing. 

This Assembly do appoint Benjamin Gale, Elnathan Ste- 
phens, Aaron Eliot, Joseph Wilcox, John Pierson, Nathaniel 
Clark, John Tulley, Hezekiah Whittelsey, John Murdock, 
Benjamin Lee, Samuel Ely, John Lay 2d, George Dorr, Sam- 
uel Selden, Daniel Coit, Jeremiah Miller, William Hilhouse, 
Richard Law, Nathaniel Shaw, Luke Perkins, William Wil- 
liams, Nathan Smith, Ebenezer Avery, Joseph Denison, Sam- 
uel Prentiss, Amos Cheesbrougli, John Williams, Charles 
Phelps, Samuel Morgan, Samuel Coit, William Winter, Wil- 
liam Whiting, Jacob Perkins, Ebenezer Hartshorn, Simon 
Tracey jun% Humphrey Avery, Samuel Huntington, Elisha 
Fitch, and Benjamin Huntington, Esqf^, to be Justices of the 
58 



458 PUBLIC EECORDS [May, 

Peace in and for the county of New London for the year 
ensuing. 

This Assembly do appoint Abraham Davenport, Esq"", to be 
of the Quorum in and for the county of Fairfield for the 
year ensuing. 

This Assembly do appoint John Read, Samuel Adams, 
and Robert Fairchild, Esq^s, to be Justices of the Peace and 
Quorum in and for the county of Fairfield for the year 
ensuing. 

This Assembly do appoint David Rowland, Joseph Piatt, 
Agur Tomlinson, Ichabod Lewiss, James Walker, William 
Burr, Lothrop Lewiss, Thomas Hill, David Burr, Samuel 
Sherwood, Samuel Fitch, Thomas Fitch jun"", Elias Betts, 
Theophilus Fitch, Jonathan Hoit, John Ferriss, Sam' 
[196] Olmstead, || Samuel Smith, Thomas Benedict, Joseph 
Piatt Cook, Samuel Taylor, Ephraim Hubbel, Caleb Baldwin, 
Richard Fairman, Daniel Faircliild, Samuel Bradly jun^, 
Charles Webb, Messenger Palmer, and David Knapp, Jona- 
than Maltbie and Peter Mead, Esq'"^ to be Justices of the 
Peace in and for the county of Fairfield for the year ensuing. 

This Assembly do appoint Ebenezer Silliman, Esq"", to be a 
Justice of the Peace in and for the county of Fairfield for 
the year ensuing. 

This Assembly do appoint John Dyer, Jabez Fitch, Joshua 
West and Jedidiah Elderkin, Esqf% to be Justices of the 
Peace and Quorum in and for the county of Windham for the 
year ensuing. 

This Assembly do appoint Jonathan Huntington, Nathaniel 
Huntington, Samuel Gray, Nathaniel Wales jun^, Joseph 
Clark, William Metcalf, William Williams, Benjamin Wheeler, 
Isaac Coit, Josepli Storrs, Joseph Strong, Phineas Strong, 
Samuel Huntington of Canterbury, John Curtiss, Ebenezer 
Williams, William Osgood, Thomas Williams, John Grosve- 
nor, Samuel Danielson, Jacob Dresser, Thomas Moffat, Sam- 
uel Chandler, Nathaniel Childs, Ebenezer Smith, John Smith, 
Robert Dixon, Jeremiah Keene, Elijah Whiton, Benjamin 
Sumner, Ebenezer Wales, Abner Sessions, Benajah Bill, Jacob 
Symons, and Elisha Payne, Esqf's, to be Justices of the Peace 
in and for the county of Windham for the year ensuing. 

This Assembly do appoint Ebenezer Marsh, Increase 
Mosely, Daniel Sherman and Bushnel Bostwick, Esq^s, to be 
Justices of the Peace and Quorum in and for the county of 
Litchfield for the year ensuing. 

This Assembly do appoint John Williams, Timothy Collins, 
Jacob Woodruff, Isaac Baldwin, Elisha Stoddard, Daniel 



1766.] OP CONNECTICUT. 459 

Everet, Benjamin Hinman, Tilley Blachley, Paul Welch, 
Samuel Bostwick, John Ransom, Daniel Lee, Nathan Eliot, 
Cyrus Marsh, Daniel Griswold of iSharon, James Landon, 
John Hutchinson, Thomas Russel, David Whitney, John 
Beebe, John Beach, Moses Lyman, Samuel Nash, John Cook, 
Epaphras Sheldon, Cyprian Webster, Abijah Catlin, Isaac 
Kellogg, Mathew Gillet, Michael Humphrey, Samuel Canfield, 
Charles Burrel, and Joshua Porter, Esq''% to be Justices of 
the Peace in and for the county of Litchfield for the year 
ensuing. 

This Assembly do appoint Aaron Eliot, Esq"", to be Colonel 
of the seventh regiment in this Colony. 

This Assembly do appoint Hezekiah Brainerd, Esq"", to be 
Lieutenant-Colonel of the seventh regiment in this Colony. 

This Assembly do appoint John Murdock, Esq"", to be Major 
of the seventh regiment in this Colony. 

This Assembly do appoint Joseph Spencer, Esq"", to be Col- 
onel of the 12th regiment in this Colony. 

This Assembly do appoint Alexander Phelps, Esq"", to be 
Lieutenant-Colonel of the 12th regiment in this Colony. 

This Assembly do appoint William Williams, Esq"", to be 
Major of the 12th regiment in this Colony. 

This Assembly do establish Mr. Moses Robbins to be Cap- 
tain of the 13th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Ezra Creary to be Lieuten- 
ant of the 13th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do appoint James Kinnee jun"" to be En- 
sign of the 13th company or trainband in the lltli regiment 
in this Colony. 

This Assembly do appoint Mr. Henry Lyon to be Captain 
of the company or trainband in the east division in the par- 
ish of Reading in the 4th regiment in this Colony. 

This Assembly do establish Mr. Daniel Hill to be Lieuten- 
ant of the company or trainband in the east division in the 
parish of Reading in the 4th regiment in this Colony. 

[197] This Assembly do establish Mr. Obadiah Gore to be 
Captain of the 8th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. Ambrose Blunt to be 
Lieutenant of the 8th company or trainband in the town of 
Norwich. 

This Assembly do establish Mr. James Cook jun"", to be En- 
sign of the 8th company or trainband in the town of Nor- 
wich. 



460 PUBLIC RECORDS [May, 

This Assembly do establish Experience Storrs to be Captain 
of the 2d company or trainband in the 5tli regiment in this 
Colony. 

This Assembly do establish Mr. Jonathan Nickols to be 
Lieutenant of the second company or trainband in the 5th 
regiment in this Colony. 

This Assembly do establish Mr. James Dana to be Ensign 
of the 2d company or trainband in the 5tli regiment in this 
Colony. 

This Assembly do establish Mr. "William Cary to be Ensign 
of the 2d* company or trainband in the 5th regiment in this 
Colony. . 

This Assembly do establish Mr. Elisha Fox to be Ensign 
of the seventh company or trainband in the 3d regiment in 
this Colony. 

This Assembly do establish Mr. Phineas Barns to be Lieu- 
tenant of the first company or trainband in Southington par- 
ish in the town of Farmington. 

This Assembly do establish Mr. Zealous Adkins to be En- 
sign of the first company or trainband in Southington parish 
in the town of Farmington. 

This Assembly do establish Mr. Samuel Hickcox to be 
Lieutenant of the second company or trainband in the town 
of Waterbury. 

This Assembly do establish Mr. Stephen Welton to be En- 
sign of the second company or trainband in the town of 
Waterbury. 

This Assembly do establish Mr. Daniel Morgan to be Cap- 
tain of the 5th company or trainband in the 8th regiment 
in this Colony. 

This Assembly do establish Mr. Peter Rose to be Lieu- 
tenant of the 5th company or trainl)and in the 8th regiment 
in this Colony. 

This Assembly do establish Mr. Thomas Partridge to be 
Ensign of the 5th company or trainband in the 8th regiment 
in this Colony. 

This Assembly do establish Mr. Nathan Douglas to be Cap- 
tain of the first company or trainband in the town of New 
London. 

This Assembly do establish Mr. Asa Spaulding to be Lieu- 
tenant of the first company or trainband in the first society 
in the town of Norwalk. 

This Assembly do establish Mr. Haynes Fitch to be Ensign 
of the first company or trainband in the first society in the 
town of Norwalk. 

* 1st corapaay. Original file, 



1766.] OF CONNECTICUT. 461 

Tills Assembly do appoint Mr. Samuel Hall to be Cap- 
tain of the 8th company or trainband in the 6tli regiment in 
this Colony. 

This Assembly do establisli Mr. Abiel Clieeney to be Lieu- 
tenant of the 8th company or trainband in the 6tli regiment 
in this Colony. 

This Assembly do establish Mr. James Hooker to be Cap- 
tain of the second company or trainband in the town of Wind- 
sor. 

This Assembly do establish Mr. Phineas Lewis to be Lieu- 
tenant of the 2d company or trainband in the town of Farm- 
ington. 

This Assembly do establish Mr. Joseph Porter to be En- 
sign of the 2d company or trainband in the town of Farm- 
ington. 

Tliis Assembly do establish Mr. John Beecher to be Cap- 
tain of the troop of horse in the second regiment in this 
Colony. 

This Assembly do establish Mr. Joseph Sandford to be Lieu- 
tenant of the troop of horse in the second regiment in this 
Colony. 

This Assembly do establish Mr. Enoch Baldwin to be 
Quarter-Master of the troop of horse in the second regiment 
in this Colony. 

This Assembly do establish Mr. John Belding to be Ensign 
of the 1st company or trainband in the 6th regiment in this 
Colony. 

[198] This Assembly do establish Mr. Daniel Bide jun"" 
to be Lieutenant of the third company or trainband in the 
town of Norwich. 

This Assembly do establish Mr. Joseph Hunt to be Ensign 
of the 3d company or trainband in the town of Norwich. 

This Assembly do establish Mr. Samuel Gurley to be Cap- 
tain of the 10th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Stephen Deming to be En- 
sign of the 10th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Guy Richards to be Captain 
of the second company or trainband in the town of New 
London. 

This Assembly do establish Mr. Richard Dishon to be Lieu- 
tenant of the 2d company or trainband in the town of New 
London. 

This Assembly do establish Mr. Adam Shapley to be En- 



462 PUBLIC RECORDS [May, 

sign of the second company or trainband in the town of 
New London. 

This Assembly do establish Mr. Walter Hide to be Captain 
of the first company or trainband in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. James Clark to be Lieu- 
tenant of the first company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. William Huntington to be 
Ensign of the first company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Mr. Amariah Williams to be 
Lieutenant of the 10th company or trainband in tiie 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. John Brown to be Captain 
of the 9th company or trainband in the lltli regiment in 
this Colony. 

This Assembly do establish Mr. Joseph Hansford to be Lieu- 
tenant of the 9th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Joseph Woodward to be 
Ensign of the 9tli company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Mathew Perkins to be Cap- 
tain of the company or trainband in the society of Hanover 
in the town of Norwich. 

This Assembly do establish Mr. Isaiah Williams to be Lieu- 
tenant of the company or trainband in the society of Hanover 
in the town of Norwich. 

This Assembly do establish Mr. David Knight jun"" to be En- 
sign of the company or trainband in the society of Hanover 
in the town of Norwich. 

This Assembly do establish Mr. Ebenezer Emons to be En- 
sign of the 12th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Samuel Youngs to be Cap- 
tain of the company or trainband in the society of Midlesex in 
the 9th regiment in this Colony. 

This Assembly do establish Mr. Abraham Reed to be 
Lieutenant of the company or trainband in the society of 
Midlesex in the 9th regiment in this Colony. 

This Assembly do establish Mr. Zebulon Hibbard to be Cap- 
tain of the third company or trainband in the 5th regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Bingham to be 



1766.] OP CONNECTICUT. 463 

Lieutenant of the 3d company or trainband in the 5th regi- 
ment in this Colony. 

This Asseml)ly do establish Mr. Joseph Ruggles jun"" to 
be Captain of the company or trainband in the society of New- 
bury in the 4th regiment in this Colony. 

This Assembly do establish Mr. Israel Wait Wells to be 
Lieutenant of the first troop of horse in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Ichabod Olmstead to be 
Cornet of the 1st troop of horse in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. John Chamberlin jun^ to be 
Quarter-Master of the first troop of horse in the 12th regiment 
in this Colon3^ 

[199] This Assembly do establish Mr. Stephen Turner to 
be Ensign of the 10th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Joseph Smith jun'^ to be 
Lieutenant of the company or trainband in the society of 
Newbury in the 4th regiment in this Colony. 

This Assembly do estalilish Mr. Joseph Starr to be Captain 
of the second company or trainband in the town of Groton. 

This Assembly do establish Mr. Solomon Perkins to be 
Lieutenant of the 2d company or trainband in the town of 
Groton. 

This Assembly do establish Mr. John Potter to be Ensign 

of the 14th company or trainband in the 2d regiment in this 

Colony. 

An Act for recovering in the Excise Monies and appropriating the same 
for the Benefit of Schools. 

Be it enacted hy the Grovernor, Council and Representatives^ 
in General Court assembled, and hy the authority of the same, 
That the selectmen in each town in this Colony for the time 
being shall, and they ai'e hereby authorized and impowered to 
receive, collect, sue for and recover of all or any of the collec- 
tors or retailers of the same town, their heirs, executors or 
administrators, any sum or sums of money that are yet due 
and unpaid, which such collector or collectors have already 
or might have collected by the several acts and laws of this 
Colony for excise on liquors, tea, &c.; and all the monies that 
shall be recovered by virtue of this act for and on account of 
the excise &c., as above mentioned, shall be paid to the sev- 
eral committees in each town where they are recovered, who 
are appointed to receive the money granted by the Colony for 
the encouragement of schools, and shall by said committee be 
let out and the interest thereof improved for the support of the 
respective schools aforesaid forever, and for no other use. 



464 PUBLIC EECORDS [Maj, 

And he it further enacted hy the authority aforesaid, Tliat 
all the monies that have been paid into the treasury of this 
Cohiny by any town for and on account of the excise as above- 
mentioned, the interest thereof at the rate of five per centum 
per annum shall be annually paid out of the treasury of this 
Colony to the several towns, in proportion to the sums paid in 
by them, and the same shall by said towns be laid out and 
improved for the benefit and support of the school or schools 
in such town, in the same manner as the other monies drawn 
out of the Colony treasury are ordered and directed. 

An Act in further Addition to one Law of this Colony entituled An Act 
for collecting and paying' of Rates or Taxes. 

Whereas it is provided in and by the seventh paragraph of 
said act, that when and so often as it shall so happen that any 
constable chosen by any town to collect the Colony rates or 
taxes prove insolvent or shall not be able to pay the Colony tax 
or any part thereof in his hands, in such case the Treasurer of 
the Colony is ordered and impowered to grant and sign a writ 
or warrant directed to one of the sheriffs of the Colony, requir- 
ing him to levy and collect of the selectmen, or any one of 
them, of that town in which such insolvent constable was cho- 
sen, such rate or part thereof as shall then be in the hands of 
such insolvent constable &c., but no provision is made in said 
act, nor in the act made in addition thereto, for any town or 
selectmen in case of the failing circumstances of their respec- 
tive collectors, to avail themselves of any part of the rate-bills 
in the hands of their collectors, or of their estates, whereby 
the towns are exposed to loss : Therefore, 

Be it enacted by the Governor, Council and Mepresentatives, 
in Greneral Court assembled, and hy the authority of the same, 
That when and so often as any collector of the Colony rate 
shall neglect to make up and settle his accounts with the Treas- 
urer by the time appointed by law for settling the same, it 
shall be lawful for the selectmen of such town for the time 
being, to bring their action against sucli negligent collector for 
the recovery of such sum or sums as shall remain unpaid, and 
to attach and secure tlie person and estate of such collector 
for the same ; and the whole of the estate which such collec- 
tor shall be seized or possessed of at the time of the select- 
men's bringing their action as aforesaid shall be subject to the 
payment of said rate or tax, any disposition of said collector 
or any demand of any creditor notwithstanding. Provided 
also, that if any such collector shall deliver up his rate-bill into 
the hands of the selectmen, they are hereby impowered to de- 
pute some meet person to collect the remaining part of said 
bill, and the same shall be accounted for in favour of said col- 
lector. 



176G.] OF CONNECTICUT. 465 

And be it further enacted hy the authority aforesaid^ That 
when and so often as any town shall have brought their action 
against any collector, pursuant to this act, the Treasurer of 
this Colony may grant out his warrant against the selectmen 
of that town for non-payment of said tax or taxes, as in case 
of a return of a no7i est inventus against tlie collector, as is 
provided by said recited statute, without first sending such 
warrant. 

[200] An Act in Addition to an Act of this Colony entituled An Act for 
regulating Gaols and Gaolers. 

Be it enacted hy the Governor, Council and Representatives, 
in Greneral Court assembled, and by the authority of the same, 
That no person or persons that shall l)e committed to prison in 
any civil matter or action shall be admitted or allowed to take 
the oath provided in said act for poor prisoners, until the cred- 
itor or creditors of such prisoner, if inhabitants within this 
Colony, otherwise the attorney of such creditor or creditors, 
has been notified to ap{)ear at time and place of such prisoner's 
taking said oath, and a reasonable time allowed after such 
notice given for the creditor or his attorney to appear and 
shew reasons, if any he hath, why such prisoner or prisoners 
shall not be allowed to take the oath by said act provided; any 
law, usage or custom to the contrary notwithstanding. 

An Act for preventing trivial and vexatious Suits. 

Be it enacted by the Grovernor, Council and Representatives, 
in Greneral Court assembled, and by the authority of the same, 
That in all actions of trespass, assault and battery, and tres- 
pass ujjon the case, which shall be hereafter commenced or 
prosecuted in any county or su})erior court in this Colony, 
(except only where the title or inheritance or interest of lands 
or freehold estate is the principal matter in question on the 
tryal of such case,) if the damage is therein found by verdict 
of a jury or otherways to be under forty shillings, lawful money, 
the plaintiff shall recover no more costs than damages ; any 
law, usage or custom to the contrary notwithstanding. 

Provided nevertheless, That when the defendant in any of 
the actions aforesaid sliall remove such action by appeal from 
an Assistant or justice of the peace to the county court, or 
from the county court to the superior court, the plaintiff on his 
recovering final judgment against the defendant shall recover 
his full costs of suit ; anything in this act to the contrary not- 
withstanding. 

An Act in Addition to an Act entituled An Act for preventing, punishing 
and removing Nuisances in Creeks, Eivers and Water Courses. 

Whereas the drawing of seines near and at the mouth of the 
river called Windsor Ferry River prevents the fish and turns 
59 



466 PUBLIC RECORDS [May, 

them from going in their natural course, which prevents their 
being taken and catched up said river in the spring season, as 
usual, 

It is therefore enacted hy the Governor, Council and Repre 
sentatives, in General Court assembled, and hy the authority 
of the same, That no person or persons whatsoever sliall 
be allowed to draw any seine or use any fish-craft for the tak- 
ing and catching fish in the months of April and May annu 
ally, within a quarter of a mile below where the said river 
empties itself into Connecticut River, nor at the mouth of said 
Ferry River, or within a quarter of a mile up said river, at any 
time. Nor shall any person or persons in the night season in 
said months, between the setting and rising of the sun, draw any 
seines or use any other fish-crafts to prevent the fish going up 
said river. And every person or persons that shall be convict-] 
ed of the breach of this act shall forfeit the sum of ten pounds,! 
the one half to the complainer who shall prosecute to effect, 
the other half to the county treasurer where the offence is 
committed ; any law, usage or custom to the contrary not- 
withstanding. 

This act to be in force for three years, and no longer. 

An Act for the Reviving an Act of this Colony made and passed in 

May, 1761, entituled An Act in further Addition to the LaAv 

entituled An Act providing in Case of Sickness. 

Whereas it was resolved by this Assembly at their sessions 
in May last, that the aforesaid act should continue and be in 
force until the rising of this Assembly, and no longer. 

Be it therefore enacted hy the Governor, Council and Rep- 
resentatives, in General Court assemhled, and hy the authority 
of the same. That the said act be revived, and the same is 
hereby revived, and shall continue and be in full force until 
the rising of this Assembly in May next. 

This Assembly desire his Honour the Governor to consider 
of and prepare an humble, dutiful and loyal Address to his 
Majesty, expressive of the filial duty, gratitude and satisfac- 
tion, of the Governor and Company of this Colony on the 
[201] happy occasion of the beneficial repeal of || the late 
American Stamp Act, so soon as he shall be possessed of all 
the materials and intelligence which are expedient and nec- 
essary in order to preparing and finishing such address in 
a decent and proper manner. And his Honour the Deputy 
Governor, Hez'' Huntington, Mathew Griswold, Eliphalet 
Dyer, William Pitkin jun'", Roger Sherman, Robert Walker, 
Wm. Samuel Johnson, George Wyllys. Zebuloii West, John i 
Ledyard, Alexander Wolcott, Jedidiah Elderkin, and William 
Williams, Esq'^, are hereby appointed a committee fully, 'J 
authorized and directed, to assist and advise his Honour the 



y 



1766.] OP CONNECTICUT. 467 

Governor in preparing and compleating, as soon as it may 
conveniently be done, such address, and any other addresses 
as they shall judge expedient and proper on this joyful and 
happy event; the same to be signed and forwarded by liis 
Honour the Governor in the name and on behalf of this 
Corporation ; and also desire his Honour the Governor to 
return the most ardent and grateful thanks of this Assembly 
to all those who have distinguished themselves as the friends 
and advocates of the British Colonies in America on this 
important occasion, whether as Members of the British Par- 
liament, or otherways.* 

Resolved hy this Assembly, That his Honour the Governor 
be and he is liereby desired to issue his Proclamation appoint- 
ing a day for public Thanksgiving, to be religiously observed 
throughout this Colony, on the happy occasion of the bene- 
ficial repeal of the late Stamp Act, as soon as conveniently 
may be done after he shall be possessed of all the materials 
and intelligence of the late interesting and important occur- 
rences in the British Parliament relative to and shewing all 
circumstances attending this joyful and happy event.f 

Resolved hy this Assembly, That John Chester, William 
Pitkin jun'', and George Wyllys, Esq''% are liereby appointed a 
committee to sell eight thousand five hundred pounds sterling 
of the money belonging to this Colony now in the hands of Mr. 
Agent Jackson. And the said committee is hereby directed 
to sell the same for the full value thereof in silver, gold, or 
bills of credit of this Colony emitted by act of Assembly in 
March, 1764, to any person or persons that shall appear and 
pay the value thereof, as aforesaid, into the treasury of this 

*A letter from Governor Pitkin to Secretary Conway, dated Hartford, 
August 4th, 1766, may be found iu Wnxon' a Prior Documents, 109. x\ud 
the letter of Secretary Conway, to which it was an answer, is iu N. Y. (Jolo- 
nkil Documents, vii. 823. E. I. Col. lieeords, vi. 486. 

f Friday, May 23d, was the day apiiointed. The morning was ushered 
in by the ringing of bells— the shipping iu the river displayed their 
colors — at noon 21 cannon were discharged, and preparations were mak- 
ing for a general illumination in the evening, when accidentally tire was 
communicated to a quantity of powder, put in one of the lower rooms of 
the new brick school-house, (which stood where the American Hall is 
now,) to be delivered out to the military and used on this joyful occasion. 
In an instant the building was reduced to a heap of rubbish. A number 
of young gentlemen had met to make sky rockets in the chamber over the 
room where the powder was deposited. About thirty were buried in the 
ruins, of whom six died. Both the Hartford ministers were sick, but 
Rev. John Devotion, of Saybrook, who happened to be present, preached 
a sermon on the occasion the following Sunday, which was printed. A 
repeated attempt was vmsuccessfull}' made in behalf of the proprietors, to 
obtain from the General Assembly compensation for the loss of the 
building. 



468 PUBLIC RECORDS [May, 

Colony; and wlien such contract is made and the money or 
bills aforesaid paid into tlie treasury, and the Treasurer's 
receipt produced to said committee in evidence thereof, said 
committee is directed to lodge the same with the Secretary of 
this Colony and make a proper certificate to his Honour the 
Governor, who is hereby desired and impowered on receipt of 
such certificate, to draw proper bills of exchange on Mr. 
Richard Jackson, Agent for this Colony, at Binton Brown 
& Sons, as he may judge most proper, in favour of such 
purcliaser or purchasers and for such sum or sums purchased 
as aforesaid. 

Resolved hy this Assembly, That Capt. Titus Hurlburt take 
care of the guns, arms and other warlike stores in the battery 
at New London, and as far as is necessary see that they are 
cleansed and preserved from suffering by the rust. And he is 
hereby impowered to procure a new flag and a barrel of tar 
for the use of said battery. And this Assembly do grant him 
the sum of five pounds out of the public treasury for his past 
services. 

Whereas Mr. Samuel Kirtland about one year and half 
ago travelled from this Colony into the country belonging to 
the Indians of the Six Nations, and has since resided great 
part of his time among the Seneca Tribe, on purpose to learn 
their language, in which he hath made great proficiency, 
thereby to furnish himself for future useful improvement, 
who is lately returned on a visit to his friends, and with him 
has come an Indian who is called a head warrior among the 
Indians and hath shewed liimself a great friend to the person 
and design of said Mr. Kirtland, by whose friendship and 
influence the good ends and purposes of civilizing, instruct- 
ing and christianizing of such Indians will be promoted: 
Therefore, to encourage the good design of said Mr. Kirtland 
and to make a grateful return to his Indian friend, this 
Assembly do grant to said Mr. Samuel Kirtland the sum of 
twelve pounds in lawful money, to furnish him with suitable 
cloathes for said service, and also the sum of eight pounds to 
be laid out in cloathing agreeable to the Indian who came in 
company with him, and presented to him in the name of this 
Assembly. And the Treasurer of this Colony is hereby 
ordered to pay to said Mr. Samuel Kirtland the whole of said 
two sums, being twenty pounds, lawful money, for the pur- 
poses mentioned. 

Upon the petition of Samuel Butler of Weathersfield, rep- 
resenting to this Assembly that he brought liis action against 
Jonathan Hills of Hartford before John O^ester, Esq"", As- 



1766.] OP CONNECTICUT. 469 

sistant, on the ITtli day of September, A. D. 1762, l)y his 
writ dated the 9th day of August, A. D. 1762, therein 
charging tlie said Hills with entering upon the petitioner's lot 
of laud lying in said VVeathersfield, bounded and described 
[202J II in said writ, and cutting four of the petitioner's trees 
or poles under the dimensions of one foot diameter, to which 
action the said Hills pleaded by way of demurrer to the 
petitioner's title, and said action by legal removes came to 
the superior court held at Hartford the first Tuesday of 
March, A. D. 1764, when and where said parties were joined 
in a general demuri-er to the said Hills's plea aforesaid, on 
which demurrer said superior court reudered judgment that 
the aforesaid plea of the defendant, said Hills, was sufficient, 
and that he should recover his cost, as per files and records 
of said superior court &c. ; and further complainiug that in 
proceeding to and rendering said final judgment manifest 
error hath intervened ; and praying this Assembly to reverse 
and set aside said final judgment and grant him, the peti- 
tioner, a new tryal in said action at the superior court to be 
lield at said Hartford on the first Tuesday of September next, 
and that all cost may follow the final judgment in said action 
&c., as per petition on file : Resolved by this Assembly, that 
the aforesaid fiual judgment is manifestly erroneous, and that 
the said judgment be and the same is hereby reversed and 
set aside, and made null and void; and liberty is hereby 
granted the petitioner of a new tryal in said action at the 
superior court to be held at Hartford within and for said 
county of Hartford on the first Tuesday of September next, 
and that all the cost follow the final judgment that shall be 
rendered in said action. 

Upon the petition of Ezekiel Pierce of Plainfield, shewing 
to this Assembly that he brought his action against Jabcz 
Fitcli, Esq% of Canterbury, to the county court held at Wind- 
ham on the 4th Tuesday of June, 1764, demanding X200 
Os. Od. damages for recommcndiug Eleazer and Jesse Darby, 
both of said Canterbury, as men of estates <tc. ; that judg- 
ment was rendered in said action against said petitioner at 
said county court ; that said petitioner moved for an ap])eal 
to the then next superior court and procured bail accordingly 
&c., but was unexpectedly prevented &c. ; praying for liberty 
to enter an appeal in said action &c., as per petition on file : 
Eesolved by this Assembly, that liberty of an appeal from 
said judgment of said county court in said action is hereby 
granted to said petitioner to the superior court to be held at 
Windham in and for said county of Windham on the 3d 



470 PUBLIC RECORDS [May, 

Tuesday of September next, upon his giving sufficient bond 
at the county court to be held at Windham in and for the 
county of Windham on the 4th Tuesday of June next, for 
the prosecution of the same; and that said action proceed as 
though bond had been given at the county court that rendered 
the judgment aforesaid. 

Upon the petition of Samuel Smith, of Suffield in the 
county of Hartford, against Ebenezer Moulton, of Brimfield 
in the Province of the Massachusets Bay, repi-esenting that 
on the 3d day of January, A. D. 1763, he made and executed 
to the said Ebenezer Moulton one certain note for the sum of 
forty-two pounds, lawful money, payable at or before the 25th 
day of January. 1761, and interest afterwards till paid ; that 
the said Ebenezer Moulton brought his suit on the said note 
against the petitioner before the adjourned county court held 
at Hartford in the county of Hartford on the 3d Tuesday of 
January, 1763, and thereon obtained judgment and execution 
against the petitioner for >£45 lUs. ytZ. damages, and .£1 10s. 
7(^. costs of suit; that said note was given only for certain 
rights of land within said Province pretended to be conveyed 
by a certain Indian, called by the name of Motockson, (other- 
wise called Johannes Motockson,) of Stockbridge in said 
Province ; that said Indian had no right to sell and convey 
any such rights of land, and all his pretentions thereto are 
nothing but a subtle delusion and a cheat, and that the peti- 
tioner had therefore no consideration for his giving of said 
note ; praying for relief in the premises &c. : It is therefore 
resolved and decreed by this Assembly, that the said note 
by the petitioner given to the said Ebenezer Moulton, and the 
judgment thereon recovered, and everything relative thereto, 
shall be and the same is hereby annulled and made wholly 
void. 

Whereas upon the petition of Joseph Denlson, Esqf, of Ston- 
ington, exhibited to this Assembly at their sessions in October 
last, representing to this Assembly that said petitioner recov- 
ered final judgment before the adjourned county court held at 
New London on the first Tuesday of February, 1763, against 
Robert Allen and Nathan Allen, both of Groton, for the sum 
of X204 4s. 8d. lawful money; that execution was granted on 
said judgment and duly levyed on certain lands in Groton 
supposed to belong to said Robert; that on account of passing- 
sundry deeds of part of said land from said Robert to Park 
Allen, and from said Park to Joseph Allen, the title by virtue 
of said execution to thirty-eight acres and forty rods of said 
land upon which said execution was levyed was defeated &c. : 



1766.] OP CONNECTICUT. 471 

Hezekiah Huntington, Shubacl Conant and Jose{)li Spencer, 
Esqr-% were appointed a committee to take into consideration 
the matters contained in said petition and report thereon with 
their opinion to this Assembly at their present sessions: 
[20o] And whereas said committee have || reported to this As- 
sembly that said Robert by his deed dated the 19th of May, 1762, 
conveyed said thirty-eight aci'es and forty rods of land with 
other lands to said Park Allen as a pledge &c., and that said 
Park Allen by his deed dated the I4th of October, 1762, con- 
veyed the same to said Joseph, the petitionee^ and that on the 
22d of June, 1763, said execution was levyed on said thirty- 
eight acres and forty rods of land as the law directs, which 
was apprized at the sura of £153 Os. Od. lawful money, &c., 
and that said petitioner has since brought his action to recover 
said thirty-eight acres and forty rods of land, and that on a 
final tryal said petitioner's title by virtue of said execution 
has been adjudged against him &c., and that the said Park in 
executing said deed to said Joseph and said Robert's receiving 
the payments, and said Joseph in all his acting and transact- 
ing thereabout, was with a design to defeat said petitioner of 
his debt, and that the estate of said Robert is so held and 
concealed that nothing thereof is to be found to satisfie said 
debt, and that in equity said Joseph ought to convey to said 
petitioner said thirty-eight acres and forty rods of land or pay 
to said petitioner the sum of £153 Os. Od. lawful money, with 
the interest thereon arising from the 16th of August, 1763, to 
the 8th day of May, 1766, as per petition and report on file, 
which report is approved and the same is hereby approved and 
accepted : And thereupon it is resolved by this Assembly, that 
the said petitioner shall have and recover of the said Joseph 
Allen the sum of £177 4s. Od. lawful money, with cost, or in 
lieu thereof that said Joseph Allen make and execute to said 
petitioner a good authentick deed of said thirty-eight acres 
and forty rods of land bounded and described as in the return 
of said execution appears; and that in case the aforesaid 
Joseph Allen shall not by the first day of July, A. D. 1766, 
make and execute a good deed, as aforesaid, to said petitioner, 
that then execution shall be issued in favour of said petitioner 
against the said Joseph Allen for the said sum of £177 4s. Od. 
lawful money, with cost [of suit] to be levyed in due form of 
law accordingly. Cost allowed petitioner in this case is £20 
8s. Id. 2, lawful money. 

Upon the petition of Stephen Jorden, representing to this 
Assembly that he, when he was about ten months old, was 
left fatherless, and had left him l)y his father twenty-five 



472 PUBLIC RECORDS [May, 

acres of land in said Voliintown, which land was under 
improvement and was by the guardian of said Stejjhen leased 
to one person and another till the said Stephen arrived to the 
a,oe of twenty-one years, and that said Stephen was of low 
education, but little acquainted with men or things, that the 
last five years before he arrived to age he was in the King's 
service, that in the year 1764, he, said Stephen, lived in York 
government, that while said Steplien lived there came to him 
one Samuel Dorrance the 3d of said Voluntown, with whom 
said Stephen was acquainted and whom he took to be his 
friend, and informed said Stephen that every person to whom 
said Stephen was indebted was about to attach said land and 
to ruin said Stephen, and that he, said Samuel, came to him 
altogether for his relief, help and assistance, and advised and 
insisted that said Stephen should give to said Samuel a deed 
of said land, and that on said Stephen's return to said Volun- 
town [he] should have said deed, and that said Samuel would 
leave with said Stephen a certain horse, saddle, and one dol- 
lar, anji endorse an execution against said Stephen for <£3 0«. 
Ot^. lawful money, satisfied, to which the said Stephen com- 
plied; that said Dorrance, contrary to agreement, kept said 
deed and land, and refused to make any settlement there- 
about ; praying for the interposition of this Assembly, that a 
committee be appointed to enquire into the matters in said 
petition, examine witnesses, parties &c., as by said petition 
&c. : Resolved by this Assembly, that Nathaniel Brown, Esq% 
of Preston, Mr, Boaz Stearns of Killingly, and Mr. Hough 
Wylee of Voluntown, be and they are hereby appointed a 
committee to enquire into and examine the matters in said 
petition set forth, to hear the parties, their evidences, and 
them examine under oath as they shall see best, hear their 
pleas, allegations, &c., relative to all matters in said petition 
mentioned, to consider said land, the improvements, better- 
ments and value thereof, and everything relative thereto, and 
their judgment and opinion to make and report to this Assem- 
bly in October next. 

Upon the petition of Hannah Clark and Shelden Clark, exe- 
cutors of the last will and testament of William Clark late of 
Derby, deceased, representing to the General Assembly in 
October last that, sometime in September, A. D. 1761, it was 
agreed conditionally between Enos Ailing and Thomas Howel, 
merchants in company, and the said William Clark, that the 
said Clark should purchase of the said Ailing & Howel a 
quantity of salt, which they then had stored in a warehouse 
in said Derby, if they could not otherwise better dispose of 



1766.] OF CONNECTICUT. 473 

the same, and tliat about the 2r)th day of December, A. D. 
1761, at the instance and upon the proposal of the said 
AUinf^, the said agreement and bargain was relinquished and 
mutually released by the said parties to each other, and that 
sometime in February or March following the whole of 
said salt washed out of said store by a flood and totally 
[204] II destroyed and lost, and that the said Ailing & Howel 
having some time after commenced a suit at law against the 
said Clark demanding payment for said salt, the matter was 
submitted to the arbitrament of arbitrators, who awarded that 
said Clark should pay half the value of said salt, for which 
he then gave his note to the said Ailing & Howel, upon 
which note judgment has since been recovered against the 
petitioners ; and that the said Clark at the time of giving said 
note was indisposed and incapable of recollecting the evidence 
of said release, and consequently could not produce it before 
the arbitrators, but that since that time the petitioners have 
found sufficient evidence to prove and establish that point ; 
thereupon praying that a committee may be appointed to 
enquire into the matter in said petition complained of, and 
report make, as by said petition on file may more fully 
appear: upon which petition Messrs. Roger Sherman, Samuel 
Bishop junr, both of Newhaven, and Mr. Daniel Bennet of 
Stratford, were appointed by the General Assembly at their 
sessions in October last a committee with full power to enquire 
into all the matters com|)lained of in said petition and make 
report of what they should find with their opinion thereon to 
that or the present Assembly ; which committee not having 
made their report, by reason of the altsence of some material 
witnesses: Resolved by this Assembly, that the said Roger 
Sherman, Esq"", Messrs. Samuel Bishop jun"" and Daniel Ben- 
net, be and they are herel^y reappointed a committee with full 
power to enquire into all the matters in said petition com- 
plained of, and make report of what they shall find with their 
opinion thereon to this or the next General Assembly to be 
holden at Newhaven in October next. 

Whereas upon the petition of Mortimer Stoddard of 
Groton, exhiliited to this Assembly at their sessions in Octo- 
ber last, representing that with the advice and consent of the 
selectmen of said Groton, purchased of Daniel Edwards of 
Groton al)out forty-six acres of land, for which said petitioner 
gave to said selectmen for the use of said Edwards a note 
payable for eighty pounds, and also paid sundry charges and 
discounted debts &c. to the amount of seventy pounds, lawful 
money ; that on account of some circumstances attending the 
60 



4'^4 PUBLIC EECORDS [May, 

executing said deed the same lias been adjudged Toid &c. Hcz- 
ekiah Huntington, Shubael Conaut and Joseph Spencer, Esq''^, 
were appointed a committee to take into consideration the 
original debt mentioned in said petition, with the costs and 
cliarges thereon arisen, and examine and consider all matters 
relative thereto, and report thereon with their opinion to this 
Assembly at their present sessions. And whereas said com- 
mittee have reported that the original debt mentioned in said! 
petition, together with tlie necessary costs and charges thereon 
arisen, amounts in the whole to the sum of forty three pounds] 
thirteen shillings, and that the same ought to be paid back toj 
the said petitioner with interest thereon from the 3d day of J 
December, 1765, till the 8th day of May, 1766, as per peti-j 
tion and report on file, which report is hereby accepted andj 
approved: It is thereupon resolved by this Asseml)ly, that 
said petitioner shall have and recover of the said Daniel Ed- 
wards the sum of forty-four pounds fourteen shillings and| 
nine pence, with cost, and that execution be granted accord-j 
ingly. ^x. granted May 30iA, 1766. 

Upon the petition of Ebenezer Benton, of Hartford in' 
Hartford county, exhibited to the General Assembly at their 
sessions in October last, tlierein representing that the south 
society in said Hartford some time in the year 1756, voted and 
agreed to raise by way of tax on themselves the sum of about 
two hundred pounds towards defraying the expence of finish- 
ing their meeting-house, and appointed Ebenezer Benton jun"", 
the son of the petitioner, then being in full life, a collector to ^ 
collect a part of said rate ; that the committee of said society 
soon after made out a rate-bill, amounting to about the sura 
of one hundred and nineteen pounds, being part of said two 
hundred pounds, and the same delivered to the said Ebenezer 
jun"", who received the same and proceeded forthwith to col- 
lect and pay into the hands of said societies committee about 
twenty-seven pounds ; that soon after great and unexpected 
diflficulties arose in said society respecting the collecting said 
rate, and that thereupon said committee ordered said col- 
lector to cease any further collection of the residue of said 
rate until he should be ordered again to proceed, which was 
not done until some time anno Bom. 1760, when said commit- 
tee anew ordered to proceed to collect said rate; and that 
before he could have opportunity to do anything towards it he 
was by sickness disabled, and continued disabled from collect- 
ing said rate by his said sickness until his death, which hap- 
pened sometime in the year 1764 ; and that said committee, 
said sickness notwithstanding, a little before the death of said 



1766.] OP CONNECTICUT. 475 

collector took out a warrant of distress against said collector, 
to compel him himself to pay the residue of said rate, tliongh 
he had been unable to collect any of it, and tliat the sheriff 
of said county, into whose hands said warrant had l)een de- 
livered, when said collector lay at the point of death, applied 
to him to demand the same. The petitioner at that time be- 
ing present and greatly grieved and hurt, out of compassion to 
liis said distressed son, (who soon after dyed,) was induced to 
[205] satisfie the demand of said || warrant, on being assured 
that he might have lilterty to make use of said rate-bill to re- 
imburse himself, and that he has collected on said rate al)out 
the sum of thirteen pounds only since that time, and that 
said society appointed and authorized a new collector to col- 
lect in all the residue of said rate and to pay it to the society 
committee, although they had been paid the whole of it be- 
fore, and that the petitioner had been thereby wronged by 
said society out of a large sum of money, and that they wholly 
refuse to do him right in the premises ; thereupon praying 
that a committee may be appointed to enquire into the mat- 
ter in said petition complained of and report make ; where- 
upon said Asseml)ly at their said sessions in October, 1765, 
did resolve that Eiastus Wolcott, Esq', Capt. Ebenezer Grant 
and Capt. Nathaniel Loomiss, be appointed a committee to 
enquire into all the matters in said petition contained and 
complained of, and to report &c. to said Assembly or to the 
next General Assembly to be liolden at Hartford in May tlien 
next, with their opinion thereon ; and said committee having 
now made their report to this Assembly, that upon the whole 
matters referred to their consideration it is their opinion that 
said society render and pay unto the petitioner the sum of 
.£35 18.S'. 4d. and £4 6s. Od. for interest, amounting in the 
whole to the sum of forty pounds four shillings and four 
pence, lawful money : Whereupon it is resolved by this As- 
sembly, that the said Ebenezer Benton have and recover of 
the inhaldtants of said second ecclesiastical society in Hart- 
ford, otherwise called the south society in Hartford, the sum 
of forty pounds four shillings and four pence, lawful money, 
and his just costs ; and the Secretary of this Colony is hereby 
directed to issue execution thereon accordingly. I' he cost 
taxed and alloived to the p'^titloner is <£20 2s. 86?. laivful 
money. Ex. granted Sept. 19th, 1766. 

Upon the report of Messrs. John Chester, Jabez Hamlin 
and Jonathan Wells, a committee appointed by this Assem- 
bly on the petition of James Richardson of Stonington, re- 
presenting that he had a controversic vyith Benjamin Ban- 



476 PUBLIC RECORDS [May, 

croft of Siifficld, relating to tlieir book accompts, charter of 
the shiop Gull, as also some goods and merchandize said to 
he received by the petitioner to sell for the said Bancroft in 
the Havanna in the year 1X62, which controversies had been 
referred to arbitration and an award thereon made, in conse- 
quence of which judgment had been obtained by said Ban- 
croft against the petitioner for the sum of £498 13s. lOd. 
lawful money, &c. ; reporting that having first notified the 
said parties they met at the house of Moses Butler in Hart- 
ford on the second day of April last, and having fully ex- 
amined their accounts and duly considered the proofs and 
allegations of the parties and heard them by their council 
thereon, that they were of opinion that on the several ac- 
counts and matters aforesaid there is due to the said Bancroft 
from the said Richardson the sum of one hundred and thirty- 
two pounds seventeen shillings and three farthings, lawful 
money, in the whole : It is therefore resolved and decreed 
by this Assembly, that the said James Richardson shall pay 
unto the said Benjamin Bancroft the aforesaid sum of one 
hundred thirty-two pounds seventeen shillings and three far- 
things, lawful money, and that execution be thereon awarded, 
and that the aforesaid judgment recovered by said Bancroft 
against the petitioner in consequence of said former award 
be and the same is hereby decreed to be null and void. Cost 
taxed and allowed to said Bancroft vs. said Richardson is X9 
15 4, lawful money. Ex. granted June 9th, 1766. 

Upon the petition of Jabez Hall, of New Fairfield in Fair- 
field county, representing to this Assembly that Nathan Hurl- 
burt, of Sharon in Litchfield county, in the year 1763, bar- 
gained and sold to the petitioner a certain right in the Sus- 
quehanna Land, so called, for the consideration of twenty-five 
pounds, money, which was then secured to the said Hurlburt 
by note of hand dated January 18th, 1763, with interest; that 
at the time of executing and delivering the said note the said 
Hurlburt did fully agree with the petitioner that he would 
deliver to the petitioner a good sufficient warranty deed of 
said right at or before the 10th day of June next after the 
date of said note, and in case he should not deliver such deed 
by that time that the petitioner should never pay any part of 
said note nor be sued thereupon, or if he should pay any part 
of said note that the money by him paid should be returned 
if such deed was not delivered ; that the said Hurlburt never 
delivered the petitioner any deed of said right, but in viola- 
tion of said agreement (having received £5 15s. Od. on said 
note) ordered the same to be put in suit and himself abscond- 



1766.] OP CONNECTICUT. 477 

ed out of the government, leaving no estate in this Colony ; 
that tlic ijetitioner having ])leaded the matter of said agree- 
ment in liar of said action at law on said note and thereon 
obtained judgment in liis favour before the county court in 
the county of Litchfield, said judgment of said county court 
has been reversed and set aside by the superior court held at 
Litchfield in said Litchfield county, and the petitioner been 
[206] II compelled to pay a large sum for damages and cost; 
praying that said note be made void, and the monies by him 
paid and so taken from him be restored &c., as per said [letition 
on file : Resolved by this Assembly, that the said note be and 
the same is hereby made null and void, and the duty thereof 
extinguished to all intents, constructions and purposes what- 
soever, and that the petitioner shall have and recover of the 
said Hurlburt ihe monies by him [)aid in part of said note and 
which have been taken from him by said judgment of said 
superior court, amounting in the whole to the sum of X13 3 
6, money, and that execution issue accordingly. Ex. granted 
May SOth, 1766. 

Upon the petition of Benjamin Tracey and Olive his wife, 
Mercy Killam and Ilepzibah Killam, all of Preston in New 
London county, representing to this Assembly that John Kil- 
lam late of said Preston, deceased, the father of the said Olive, 
Mercy and Hepzibah, in and by his last will and testament 
hearing date the 9th day of February, A. D. 1753, gave and 
bequeathed unto his said three daughters of Ins personal es- 
tate in specific legacies to the amount of X145 2s. lOd. law- 
ful money, at apprisement as set in the inventory of the estate 
of said deceased, and that after the death of said deceased 
judgments were recovered against the executor of said de- 
ceased and other expences arisen, so tliat the executor of said 
deceased hath taken almost the whole of said legacies given 
to said three daughters to pay the debts due from the estate 
of said deceased, whereby they are deprived of their said leg- 
acies &c., and praying that a judicious committee may be 
appointed to examine into said matters and the several legacies 
given to the legatees of said deceased, and that said legatees 
may be ordered and obliged to pay each one his just pro- 
portion to the said three daughters of what sums or legacies 
they have lost and been deprived of in manner afoi'esaid, 
as per their petition on file : Resolved by this Assembly, that 
Messrs. Colo. Samuel Coit and Nathaniel Brown, Esq"", of 
Preston, and Capt. Richard Hide of Norwich be and they are 
hereliy appointed a committee to call before them, at such time 
and place as they shall appoint, all the legatees to whom said 



478 PUBLIC iiECORDS [May, 

deceased gave and bequeathed any legacies or part of liis 
estate in and by his said last will and testament, or their legal 
representatives, and examine into the disposition of said estate 
in and by said will, and also all the matters mentioned and 
contained in said petition and circumstances relating thereto, 
and to determine aud ascertain in tiieir opinion what sum or 
sums any or all of said legatees or their legal representatives 
in justice and equity ought to contribute and pay to the peti- 
tioners on account of said specific legacies to them given as 
aforesaid, or whether anything ought to be paid by said lega- 
tees or any of them, and to make report of what they find 
together with their opinion thereon to this Assembly at their 
sessions in October next. 

Upon the petition of Nathaniel Flynt, of Windham in Wind- 
ham county, representing to this Assembly that the proi)rie- 
tors of the common and undivided land in said town of Wind- 
ham at their meeting on the 28th day of May, A. D. 1750, 
voted and agreed to sell certain lands described in said vote, 
which they claimed as common land in said Windham, and 
appointed John Fitch, Jacob Simons and Joseph Huntington, 
or any two of them, a committee to make sale of said lands ; 
that said Pitch and Symons in said capacity as committee did 
by their deed executed the 28th day of November, 1750, sell 
and convey to the petitioner about one hundred and fifty-five 
acres, part and parcel of said lands, and therein covenanted 
that the petitioner, his heirs and assigns, by force of said deed 
should forever have, hold and enjoy said lands in said deed 
described, free and clear of all incumbrances whatsoever ; 
that the petitioner afterwards sold and conveyed unto John 
Badlake about one hundred and three acres, part and parcel 
of said lands in his deed contained ; that said proprietors 
afterwards did approve and justifie what said committee had 
done ; that said Badlake has since been evicted of said lands 
by him purchased, and that the proprietors and their said com- 
mittee at the time of said vote and their deed past as afore- 
said had no right or title in or unto said land <fec. ; praying 
for relief, as per petition on file may more fully appear : Re- 
solved by this Assembly, that William Wolcott of Windsor, 
Colo. Ebenezer Williams of Pomfret, and Robert Dixon of 
Voluntown, Esq""*, be and they are hereby appointed a com- 
mittee to re[)air to said Windham and examine into all the 
matters contained in said petition and circumstances relating 
thereto ; and of what they find, together with their opinion, 
thereon, to make report to this Assembly at their session iu 
October next. 



1766.] OF CONNECTICUT. 470 

[207] Upon the petition of Salmon Kingsly, of Windliam 
ill Windham connty, representing to tliis Assembly that the 
proprietors of the common and undivided lands in said Wind- 
ham at their meeting on the 28th day of ]\ray, A. D. 1750, 
voted and agreed to sell certain lands described in said vote, 
which they claimed as common and undivided land in said 
Windham, and appointed John Fitch, Jacob Symons and Joseph 
Huntington, or any two of them, a committee to make sale of 
said lands ; that said Fitch and Symons, in said capacity as 
committee, did by their deed executed the 27th day of Decem- 
ber, A. D. 1750, bargain, sell and convey to one Jacob Wood- 
ward about eighty acres, part and parcel of said lands, and 
therein covenanted that the said Woodward, his heirs and 
assigns, by force of said deed should and might forever have, 
hold and enjoy said lands in said deed contained, free and clear 
of all incumbrances whatsoever ; that the said Woodward by 
his deed executed the 12th day of May, A. D. 1756, for the 
consideration of seventy-five pounds, lawful money, sold and 
conveyed the same lands to the petitioner, who entered upon 
and began to improve the same, and expended nnicli labour 
and cost thereon ; that the petitioner has since been evicted of 
said lands and put to great trouble and cost therein, and said 
Woodward dyed insolvent ; that the proprietors did approve 
of and justifie the doings of said committee <fec. ; praying for 
relief, as per petition on file more fully may appear : Resolved 
by this Assembly, that William Wolcottof Windsor, Colo. Ebe- 
nezer Williams of Pomfret, and Robert Dixon of Voluntown, 
Esqfs, be and they are hereby appointed a committee to repair 
to said Windham and examine into all the matters in said peti- 
tion contained and circumstancesrelating thereto; and of what 
they find, together with their opinion thereon, to make report 
to this Assembly at their sessions in October next. 

Upon the report of Samuel Talcott and John Ledyard, Esqi's, 
a committee appointed by this Assembly at their sessions in 
Hartford in May, 1765, and reappointed at their sessions in 
October last, to examine into the matters referred to in the 
petition of Joseph Olcott of said Hartford against Silas Dean 
of Weathersfield and Mehitabel his wife, administratrix on the 
estate of Joseph Webb of said Weathersfield, deceased, where- 
in is represented that on or about the month of March, 1758, 
he was indebted to Joseph Webb, of Weathersfield, since 
deceased, and then gave his note to him, the said Webb, for 
four hundred pounds, York money, payable in September then 
next ; that afterwards he paid to said Webb on account of said 
note one hundred pounds, lawful money, which ought to have 



480 PUBLIC RECORDS [May, 

been endorsed thereon, but never was done in bis, said Webb's, 
life time ; that said Webb afterwards brought his action on said 
note against the petitioner and recovered a judgmoint for the 
whole sum of said note and interest thereon, and had execu- 
tion &c., which the petitioner hath been obhged to pay witli- 
out any allowance for said hundred pounds, lawful money, 
paid as aforesaid &c. ; reporting that in pursuance of said 
appointment, (after having twice duly notified the parties to 
attend on said affair, which the petitionees neglecting to do,) 
they proceeded to hear the petitioner, and found that in April, 
1759, he did pay to said Webb, on account of said note, 
seventy-five pounds sterling, equal to one hundred poundslaw- 
ful money, for which he ought to have had allowance, but had 
not ; that he hath since paid and satisfied a judgment of court 
for three hundred thirty-seven pounds seven shillings, lawful 
money, debt, and twenty-three shillings and five pence cost of 
suit, obtained by said Webb against the petitioner, for the 
whole of said note with the interest to the time of said judg- 
ment, and found also that the petitioner did pay interest till 
he made payment of said execution ; and that it is their opin- 
ion that the said petitionees ought to pay to the petitioner the 
sum of one hundred pounds and interest thereon from the time 
said Webb received the same, being forty-two pounds ten shil- 
lings : It is therefore resolved and decreed by this Assembly, 
that the said Silas Dean and Mehitabel his wife, administra- 
trix as aforesaid, shall pay unto the said Joseph Olcott the 
aforesaid sums, being in the whole one hundred and forty-two 
pounds ten shillings, lawful money, and that execution be 
awarded accordingly. Ex. granted June 4:(h, 1766. 

Whereas Joseph Hopkins, Esq"", Capt. Stephen Upson jun"" 
and Mr. Joseph Hull jun'^ were appointed by the General As- 
sembly of this Colony held at Newhaven in October last a 
committee to lay out a highway from the court-house in New- 
haven through the society of Oxford to the meeting-house in 
the society of Southberry in the town of Woodherry, and par- 
ticularly mark out and bound the same in all those places 
where it should [be] found needful to alter or vary from the 
highways before laid out, and to lay out the same as near as 
might he with conveniency agreeable to the description con- 
[208] tained in a resolve of the General || Assembly passed 
on the memorial of John Rose and others in May, 1765 ; which 
committee have reported to this Assembly that they have laid 
out said highway as follows, viz: Beginning at a heap of 
stones in the north line of Ebenezer Brownson's land in said 
society of Southberry by the south side of a highway that leads 



176G.] OP CONNECTICUT. 481 

from said Bfownson's dwelling-house to Southbeny meeting- 
house, and from thence run south thirty-six degrees east twen- 
ty-two rods on said Brovvnson's land to a heap of stones in the 
east line of his land ; from thence south thirty-three degrees 
east seventeen rods to a heap of stones ; then east thirty-eight 
degrees south one hundred and six rods to a heap of stones in 
the east line of Stephen Curtis's land ; then south thirty-three 
degrees east ten rods to a wiiite-oak tree with stones laid to 
it, which is a bounds of Capt. Benjamin Stiles's land : said 
highway is laid four rods wide on the northeasterly side of the 
lines and boundaries aforesaid ; then from said white-oak tree 
in a highway formerly laid out between Capt. Timothy Hin- 
man's land and John Towner's land to the highway leading 
by said Towner's dwelling-house ; then southwesterly in the 
last mentioned highway to the line between the towns of 
Woodberry and Derby, a little southward of Joseph Towner's 
dwelling-house ; from thence east forty-one degrees south six- 
ty-four rods on said Joseph Towner's land ; then south thirty- 
eight degrees east one hundred thirty-six rods on Capt, Joseph 
Osborn's land ; then east twenty-one degrees south twenty-five 
rods on said Osborn's land to Nathan Buckingham's land ; 
then east forty degrees south thirty three rods on said Buck- 
ingham's land, bounded on each side at every turn or angle 
by a heap of stones, it being four rods wide ; then east twen- 
ty-eight degrees south fifty-two rods through said Bucking 
ham's meadow, three rods wide, running a little southward of 
said Buckingham's dwelling-house, to the old highway leading 
to the meeting-house in said Oxford society ; then in said 
old highway by said meeting-house to the upper bridge in 
Derby over Nagatuck River ; and that the owners of the lands 
through which said highway is laid in said Woodbury and 
Derby have been satisfied for their several damages sustained 
thereby by said towns respectively ; and that from said bridge 
there is a highway open and used for travelling by Bladen's 
Brook and Isaac Ford's dwelling-house to the court-house in 
said Newhaven, which might be altered in some places so as 
to shorten the travel about one hundred and eighty rods and 
make it much better, but that they did not make said altera- 
tions, because tiiey were informed by a committee of the town 
of Newhaven that there might be a highway made from said 
bridge to pass by the meeting-house in the society of Amity to 
said court- house, which would ije a mile shorter than the oth- 
er way and as good for travelling (fee, and therefore thought 
it might be best for the public and most satisfactory to the 
parties concerned that a committee be appointed to view both 
61 



482 PUBLIC RECORDS [May, 

places and lay out said highway where they shall judge best 
&c., as by said report on file appears ; which report is acce()t- 
ed and approved by this Assembly : And it is thereupon 
resolved by this Assembly, that the highway from said Ebene- 
zer Brown son's dwelling-house to said bridge as tlie same is 
laid out and described by said committee aforesaid shall be 
and remain a public highway and be laid open and all fences 
and incumbrances removed from off the same by the first day 
of October next, and all fences and other incumbrances con- 
tinued on said highway after the time aforesaid shall be deem- 
ed a common nuisance, and it shall and may be lawful for any 
person to remove the same as such. And it shall be the duty 
of the surveyors of highways in the respective towns in which 
said highway is laid, and they are hereby directed, to take effec- 
tual care that the same is speedily cleared and made good, 
and from time to time kept in good repair in the same man- 
ner as other public highways are by law required to be. And 
it is fui-ther resolved, that Daniel Sherman and Benjamin Hin- 
man, Esq''% and Capt. Benjamin Stiles be and they are hereby 
appointed a committee to lay out a highway fi'om the aforesaid 
bridge in Derby to the court [house] in Newhaven ; and they 
are hereby directed first to give notice thereof to one or more 
of the selectmen of each of the towns in which the same may 
be laid out, and carefully view the several places proposed, 
and hear all parties concerned, and lay out said highway where 
they shall judge best to accommodate the public, and particu- 
larly mark out and bound the same by some suitable monuments 
in all those places wdiere they shall lind it needful to vary from 
the highways already laid out ; and that the cost of laying out 
the same shall be paid by the respective towns within whose 
bounds the same shall be laid out, and also the damages that 
any particular person may sustain in their lands or property 
thereby shall be paid by the respective towns in which such 
lands are situate, as the selectmen of such towns and the per- 
sons interested may agree, or as the same shall be apprized by 
[209] said || committee, who are hereby authorized (if need 
be) to apprize the same ; and that the said committee make 
report of their doings in the premises to the General Assem- 
bly to be holden at Newhaven in October next. 

Upon the memorial of Wait Hinman and others, inhabi- 
tants of the westerly and southwesterly parts of the parish of 
Southberry in Woodbury, representing to this Assembly that 
they live at a great distance from the place of public worship 
in said society; that they are put to great difficulties; pray- 
ing for the priviledges of an ecclesiastical society by a line 



1766.] OP CONNECTICUT. 483 

drawn from the north Ihie of said parish to the south line 
thereof in such direction as to pass straight by the houses of 
Stephen Brownson and Eldad King, or by any other line &c.: 
Oliver Wolcott, Moses Lyman and .Samuel Nash, Esq'"'*, were 
at the General Assembly held at Newhaven, 2d Thursday 
of October, 1765, appointed a committee to repair to said 
parish of Sonthbcrry and to examine into and view the situation 
and circumstances of the memorialists and all others living 
within the limits prayed for &c., and to make report ; which 
committee having reported that it is convenient that an ecclesi- 
astical society should be made in the westerly and southwest- 
erly parts of said parish by a line drawn from the south line 
of said parish, beginning half a mile easterly from the north- 
west corner of Derby in the course of the line dividing Derby 
from said parish ; from thence in a straight line to the center 
of the house of Hezekiah Porter ; from thence in a straight 
course to one rod distance westerly from the house of William 
French, and so on in a straight course to the north line of said 
parish ; aud the said report of said committee being accepted 
and approved, as per said memorial and report on file appears : 
Resolved by this Assembly, that all the inhal)itants included 
within the lines above described by said committee be and they 
are hereby made, created and established a distinct ecclesiastical 
society, and shall be and remain an entire, distinct ecclesias- 
tical society, with all the priviledges and powers usually be- 
longing to ecclesiastical societies in this Colony, and shall be 
called and known by the name of South Britain ; and that 
said inhabitants shall be and they hereby are freed from the 
payment of a certain rate or tax of twelve pence on the pound 
lately granted and made by the society of Southberry for the 
purpose of building a meeting-house in said Southberry 
society. And it is further resolved, that Hezekiah Porter, 
living within said lines, shall iiave liberty to attend and sup- 
port public worship and all contingent parish expences either 
in said parish of Southberry or in said South Britain. 

Whereas upon the memorial of John Hall 2d and others, 
inhabitants of the society of Wells in Wallingford, at the 
General Assembly in October last, the Honi^'e Jonathan 
Trumbull, Jabez Hamlin and John Lawrence were appointed 
a committee to enquire into the state and value of the old 
meeting-house in the first society in said Wallingford and the 
other temporal interest late belonging to said first society, and 
also into the grievances complained of concerning certain 
taxes mentioned in the memorial preferred to the Assembly 



484 PUBLIC RECORDS [May, 

in May, A.D. 1763, by the said John Hall 2d and others, and 
report their opinion thereon, what in equity the said society 
of Wells ought to receive of said first society for their inter- 
est in said old meeting-house &c. ; and whereas said commit- 
tee have reported to this Assembly that the said first society 
pay to the said society of Wells the sum of sixty pounds, 
money, in full satisfaction for all the right claimed by said 
society of Wells in said meeting-house, and that the bell now 
hanging in the steeple in said house be and remain for the 
common use and benefit of botli said societies, and that the 
cost of ringing said bell, keejnng it in repair for ringing &c., 
be paid equally by said societies ; and with respect to the said 
taxes complained of, that no taxes granted since the 5th day 
of December, A.D. 1758, by the said first society ought to be 
collected of any of the inhabitants now belonging to said 
society of Wells ; as per memorial and report on file, which 
report is approved and the same is hereby approved and ac- 
cepted ; And thereupon it is resolved by this Assembly, that 
John Morse and the rest of the inhabitants of said first so- 
ciety in Wallingford pay unto Eliakim Hall and the rest of 
the inhabitants of said society of Wells said sum of sixty 
pounds, money, and that execution therefor be issued accord- 
ingly ; and that the bell now hanging in the steeple in said 
meeting-house shall be and remain for the common use and 
benefit of both said societies, and that the cost of ringing 
said bell and keeping the same in repair for ringing shall be 
paid equally by said societies, and that no taxes granted by 
said first society since the 5th day of December, 1758, shall 
be collected of any of the inhabitants belonging to said so- 
ciety of Wells at the date of said report, and that all said in- 
habitants be acquitted therefrom. Ex. granted October 21st, 
1766. 

Upon the memorial of Edward Higbey, Nathaniel Gilbert, 
Benjamin Adkins and others, some living within the first, 
and some living within the second societies in the town of 
Midletown in the county of Hartford, representing that they 
[210] live in the northwest part || of said town of Midletown, 
and are become numerous, and that they live very remote from 
the places of public worship where they severally belong, 
whereby they and their families are hindered of the benefit 
of the public ministry the greatest part of the year &c. ; that 
they are now of ability to maintain the gospel and to support 
a minister among themselves ; praying to be made a distinct 
ecclesiastical society, with all those living within these certain 
limits following, viz: Beginning for the southeast corner at 



1766.] OF CONNECTICUT. 485 

the great stone called the Stone Horse-Block, from thence 
nortlierly in a straight line to the west swanijo bridge next 
cast from Josiah Bacon's dwelling-house, and from thence 
northerly as the brook runneth till it come to the north line 
of the lot originally belonging to Samuel Collens in the New 
Field Quarter ; thence eastwardly as the north line of said 
Collins's lot to the Ferry River ; then to run northerly the 
course of said river, and as the river runneth till it comes to 
the north line of Israel Wilcox's lot ; thence to run in a 
straight line to the southeast corner of the mile and half, so 
called ; then to run by the south line of the said mile and 
half till it come opposite to the mountain a little east of John 
Kirby's house, then to run on the top of the mountain till it 
comes to the west bounds of Midletown ; then by tiie west 
bounds of Midletown to the northwest corner of Midle Field 
parish ; then by the north line of Midle-Field parish till it 
comes to the.iirst mentioned corner at the stone horse-block, 
as per memorial on file &C!*: Whereupon it is resolved by 
this Assembly, that the memorialists and all others living 
within the limits and bounds before and above described be 
and they are hereby made a distinct ecclesiastical society, and 
the same shall be known and called by the name of West- 
Field, and shall have the same powers and priviledges as 
other ecclesiastical societies in this Colony do enjoy. 

Upon the memorial of Simeon Avery, executor of the last 
will and testament of Samuel Chappel, representing to this 
Assembly that the debts due from said estate surmount the 
personal estate of said Chappel the sum of <£38 3 11, lawful 
money ; praying for liberty to sell so much of the real estate 
of said Chappel as to raise said sum with the incident charges 
arising thereon, as per memorial on file : Resolved by this 
Assembly, that the said Simeon Avery have liberty, and lib- 
erty and authority is hereby granted to him, to sell so much 
of the real estate of said Chappel as to raise said sum of X38 
3 11 and incident charges arising thereon ; taking the direc- 
tion of the court of probate in the district of New London 
therein. 

Upon the memorial of Robert Cleland of New London, 
shewing to this Assembly that he has taught the Indian school 
at Mohegan for the space of fourteen years ; that for eleven 
years of the time he has been paid out of the public treasury 
of this Colony the sum of five jiounds per year ; that for the 
three last years he performed that service he has had no al- 
lowance &c. ; praying that he may be allowed five pounds per 
year for said three years &c., as per memorial on file: Re- 



486 PUBLIC RECORDS [Maj, 

solved by tliis Assembly, that the sum of fifteen pounds be 
paid to the said Robert Cleland out of the public treasury of 
this colony, for his three years service as aforesaid ; and the 
Treasurer of tliis Colony is hereby ordered and directed to 
pay the same accordingly. 

On the memorial of Joseph Putney and Mary Putney, ad- 
ministrators on the estate of Simeon Wakefield late of Kil- 
lingly, deceased, shewing to this Assembly that the debts 
already paid, and the debts yet due from said estate, and some 
allowances made by the judge of the court of probate for 
the district of Pomf ret for the maintenance and bringing up 
two of the children of said deceased, surmounts the personal 
estate of said deceased tlie sum of X16 15 2, lawful money; 
praying liberty to sell land &c. : Resolved by this Assembly, 
that John Jacolis of Killingly be and he is liereby appointed 
and impowered, to make sale of so much of the real estate of 
said deceased as will raise said sum of £16 15s. 2d. lawful 
money, with the incident charges of said sale; taking the 
advice and direction of the court of probate in the district of 
Pomf ret therein. 

Upou the memorial of Timothy North of Farmington, shew- 
ing to this Assembly that on the 21st day of April last his 
house was burned to ashes, and also about nineteen shillings in 
bills emitted by this Colony was burnt at the same time ; pray- 
ing that the same might be paid him out of the public treasury 
&c., as per memorial on file : Resolved by this Assembly, 
that the sum of nineteen shillings be paid to the said Timothy 
North out of the public treasury ; and the Treasurer is hereby 
ordered to pay the 'same. 

[211] Upon the memorial of the first society in Coventry, 
shewing to this Assembly that the place estal^lished by the 
county court for building a new meeting-house in said society 
is inconvenient &c., and that said society had voted and 
agreed that the place for building said meeting-house should 
be by the old school house, thirteen rods and eighteen links east 
twenty-two degrees south from the stake established by said 
county court : It is resolved by this Assembly, that the place 
whereupon to build said meeting-house in said society be 
established to be by the old school-house, thirteen rods and 
eighteen links east twenty-two degrees south of the stake 
established by said county court, and the same is hereby 
established to be the place whereupon to build a new meet- 
ing-house in said first society in Coventry. 

Upon the memorial of Joseph Pease, James Shepard and 



(. 



1766.] OF CONNECTICUT. 487 

Obedience liis wife, late Obedience Trumble of Nuffield in 
the county of Hartfoi-d, sole executrix of the last will and 
testament of Josejih Trumble late of said Sufheld, deceased, 
representing- that the said Joseph Trumble in his life time, 
on the 10th day of August, 1760, for a valuable consideration 
did by his deed of that date under his hand and seal sell and 
convey unto the said Joseph Pease a certain piece of land in 
said Sufheld containing ten acres, bounded and described as 
in said deed appears; that so it happened that the said 
Joseph Trumble soon afterwards dyed, and never acknowl- 
edged said deed, though he fully intended to do the same 
<fec. ; praying that said deed so executed may l)e accounted 
valid and effectual in the law for the passing said lands etc. : 
Resolved by this Assembly, that the deed aforesaid may be 
entered on the public records of said town of Nuffield, and 
that the same so entered, or an exemplification thereof from 
such record, shall be as good evidence in the law for the 
transferring and passing of the title to said land to all intents 
and purposes as though the same had been acknowledged by 
the said Joseph Trumble in his life time. 

Upon the memorial of John Winchester Dana of Pomfret, 
executor of the last will and testament of Isaac Dana jun"", 
late of said Pomfret, deceased, representing to this Assembly 
that said deceased was an ensign in General Lyman's regi- 
ment in the expedition against the Havanna, A. D. 1762, and 
in his return homewards was taken sick and dyed at New 
York, and necessarily expended in said sickness i£51 17s. Od. 
New York money, which was paid by Lieut. Colonel Israel 
Putnam <fcc ; and praying said executor may be paid said sum 
out of the treasury of this Colony <tc. : Resolved by this 
Assembly, that the Treasurer of this Colony pay to said 
executor out of the Colony treasury the sum of fifteen pounds, 
proclamation money or bills of this Colony, towards the 
defraying the expence of said deceased incurred in his sick- 
ness aforesaid. 

Upon the memorial of Thomas Morley, executor of the 
last will and testament of Elihu Wi^ight, late of Glastonbury 
in the district of Hartford, deceased, shewing that the debts 
and charges due from the estate of said deceased for which 
no certificate heretofore has been given surmounts the move- 
able estate of said deceased the sum of £3 10s. Otf. lawful 
money ; moving to this Assembly for liberty to sell so much 
of the real estate of said deceased as will raise said sum : 
Resolved by this Assembly, that liberty be granted, and liberty 
is hereby granted to the memorialist, to sell of the real estate 



488 PUBLIC RECORDS [May, 

of said deceased to raise said sum of X3 10.?. Oc?. with 
charges arising thereon; taking the direction of the court of 
probate for the district of Hartford therein. 

Upon the memorial of Samuel Stilson, of N-ew Milford in 
Litclifield county, shewing to this Assembly that he, the said 
memorialist, served as a sergeant in one of the companies 
raised in this Colony for his Majesty's service in the cam- 
paign against Crown Point in the year 1759, and was taken 
sick in said service, of wliicli he languished for a long time 
after he returned home, and by means thereof lost the use of 
one of his hands and is disabled for labour &c., and praying 
for licence to trade as a pedlar in this Colony during pleasure 
<fec., as per memorial on file: Resolved by this Assembly, 
that liberty be and is hereby granted to said Samuel Stilson 
to trade as a pedlar in this Colony during the pleasure of this 
Assembly. 

Upon the memorial of Aaron Skinner and others, proprie- 
tors and principal inhabitants of the town of Colchester, 
sliewing to this Assembly that there has been much alterca- 
tion between the memorialists and the inhabitants of the 
town of Hebron about the north bounds of said town of Col- 
chester and the south bounds of the town of Hebron ; pray- 
ing to have the same established and confirmed according to 
the grant and ])atent of said Colchester in the place and in 
the manuer as is particularly specified and set forth in the 
said memorial <fec., or that a committee be appointed to view 
and make report &c., as by the memorial on file: Resolved 
by this Assembly, that Zebulon West, Esqs Colo. Hezekiah 
Brainerd and Mr. Isaac Tracey be and they are hereby ap- 
pointed a committee, with full power to examine into the 
whole matter and circumstances of said divident line between 
the said towns of Colchester and Hebron, and make report 
of what they shall find in the premises to this Assembly in 
their present or next sessions. 

[212] The Sums Total of the Additions (single and fourfold) to the Lists 

of the several Towns in this Colony sent in to this Assembly 

are as follow, viz: 

Fourfold. 
480 13 



629 
670 12 

344 





Single. 




Hartford, 


1271 13 





Windsor, 






Weathersfield, 


1316 8 


3 


Midletown, 


772 8 





Farmington, 


195 





Symsl)ury, 


192 8 





Had dam. 


182 18 





East Haddam, 


2300 






1766.] OP CONNECTICUT. 489 

411 7 
10 16 



Colchester, 


330 


2 


6 


Hebron, 


1590 








Glastonbury, 


375 


2 





Bolton, 


142 


9 





Willington, 


170 


10 





Stafford, 


291 


10 


6 


Tolland, 








Suffield, 








1 Enfield, 


70 


2 





Sommers, 








New Haven, 


1646 


4 





Milford, 


520 13 


9 


1 Guilford, 


302 


14 





1 Branford, 


725 


4 





1 Wallingford, 


1437 


1 





Derby, 


581 


17 





Waterbury, 


383 


17 


5 


Durham, 


39 








New London, 


1157 


9 





Norwich, 


752 


1 


2 


Say brook. 


1600 





2 


Stonington, 


1964 


5 


4 2 


Killingworth, 


183 


2 


4 


Lyme, 


1293 


17 


6 


Groton, 


612 


11 





Preston, 


2055 


19 





Fairfield, 


847 


3 


6 


Stratford, 


2746 


11 


9 


Norwalk, 


833 


6 


3 


Stamford, 


314 


18 





Greenwich, 


3238 


16 





Danbury, 


2755 


18 


3* 


Newtown, 


193 


17 


1 


Ridgefield, 


256 


5 


5 


New Fairfield, 


1017 


6 


6 


t Windham, 


2079 


8 


7 


Lebanon, 


657 


16 





Piainfield, 


659 








Canterbury, 


1839 


17 


8 


1 Mansfield, 


1363 








Coventry, 


29 


6 





Pomfret, 


607 


7 


6 


! Killingly, 


499 








1 Ashford, 


591 


10 





Voluntown, 


196 









298 

108 17 61 

933 12 



4476 

565 2 

1188 19 

270 

1000 4 

276 14 

481 10 6 

224 4 

645 14 

494 

1422 7 7 

44 

245 16 

339 12 

12 

675 18 

561 

63 2 



84 



62 



1054 





1278 





1540 17 


10 


617 14 


8 


76 17 





27 10 





2352 15 





258 





207 





148 18 





12 






400 PUBLIC RECORDS [Maj, 

Woodstock, 1054 - - - 152 

Litchfield, 1278 - - - 625 4 

Woodbury, 

New Milford, 517 14 8 - - - 153 16 

Harvvintoii, 76 17 - - - 120 8 

New Hartford, 

Salisbury, 

Kent, 258 - - - 72 

Cornwall, 

Goslien, 

Torrington, 12 - - - 12 

[213] Upon the memorial of Joseph Hopkins of Water- 
bury, shewing to this Assembly that one Isaac Frazier, a tran- 
sient person, did feloniously break open the shop of the memo- 
rialist in said Waterbury in the night between the 5th and 6th 
days of October last, and did steal and carry away a large 
quantity of goldsmith's wares with some monies, and that said 
memorialist employed sundry men and horses in pursuing said 
fellow, who found him at South Kingston in the Colony of 
Rhode Island and from thence brought him to said Water- 
bury, from whence he was committed to prison at Newhaven, 
where he was convicted at the suit of the King before the 
superior court and punished, and that the cost of pursuing, 
taking and bringing to justice said felon amounted to £32 4 
8i, for the payment of which said felon was bound by said 
superior court to the memorialist, but continued in service but 
four days and then absconded ; and praying for relief by the 
payment of said =£32 4 8i, or any part thereof, as per memo- 
rial on lile : Resolved by this Assembly, that the Treasurer 
of this Colony pay out of the public treasury to the said Joseph 
Hopkins the sum of £9 2 7, lawful money or bills of this Col- 
ony, (being the sum he expended after he had taken said felon i 
and recovered his goods,) in bringing said felon to justice. 

Upon the memorial of the Reverend Ebenezer Wheelock of 
Lebanon, representing to this Assembly that the Assembly at 
their sessions in May, A. D. 1763, granted said memorialist the 
benefit of a Brief throughout this Colony, for the support and 
encouragement of the Indian Charity School under his care ; 
that before said brief was generally read in the several congre- 
gations to which it was directed, it was thought prudent to sus-. 
pend the further reading the same, on account of some hostilities i 
committed by the Indians, until a more favouralde opportu-i 
nity; that said school is yet continued and the numbers audc 
expenccs greatly increased in supporting a number of mission- 
aries and school-masters among the Indians &c., and prayingi 



1766.] OF CONNECTICUT. 491 

that said brief may be again revived and properly encouraged, as 
per memorial on file : This Assembly do tliereu])on grant and 
order a Brief throughout this Colony, recommending it to all 
persons charitably and lil)erally to contribute to such j)ious 
and important design ; and that the monies so collected be by 
the persons therewith intrusted in the several congregations 
delivered as soon as may be to the said Mr. Wheelock, taking 
his receipt therefor, to be by him applied for the use and ben- 
efit of said school, as prayed for. And it is further resolved, 
that printed copies of this act be seasonaljly delivered to the 
several ministers of the gospel in this Colony, who are here- 
by also directed to read the same in their several congrega- 
tions, and thereon appoint a time for making such contribu- 
tions. 

This Assembly do appoint Hezekiah Huntington and Jabez 
Huntington, Esq''^, a committee to repair to the town of Gro- 
ton, enquire into the condition and circumstances of the In- 
dians in said town and their lands, and what is necessary to 
be done for their relief and help, to civilize, instruct and chris- 
tianize them, with full power and authority to give ordei" and 
direction for doing wbatever they shall find necessary pres- 
ently to be done for their relief, for schooling and preaching 
among them, and to draw on the Treasurer of this Colony for 
money to discharge the expences arising thereby, not exceed- 
mg the sum of twenty pounds, lawful money ; and that said 
committee report what they find to be [the] condition of the 
Indians and circumstances of the land belonging to them in 
said town, their doings in pursuance hereof, and their opinion 
on the whole subject matter, to the General Assembly of this 
Colony to be holden at Newhaven on the 2d Thursday of Octo- 
ber next. 

On the petition of George Olcott, of Hartford in the county 
of Hartford, vs. Joseph Olcott of Hartford aforesaid, as on file : 
The question was put, whether the prayer of said petition 
should be granted : Resolved by this Assembly in the nega- 
tive. 

Cost allowed to Moses Meach, of Stonington in the county 
of New London, for attendance &c. to answer the petition of 
Roger Gale, late of Groton in the county of New London, and 
Benjamin Appleton, of New London in the county of New 
London, by them brought against him, the said Meach, to this 
Assembly and withdrawn, is £3 10 0, lawful money. Ux. 
granted June 9th, 1766. 

This Assembly grants to his Honour the Governor the sum 



492 PUBLIC RECORDS [May, 

of one hundred and fifty pounds, for the first half of his cur- 
rent yeai"'s salary. 

[214] Resolved and ordered by this Assembly, That the 
Treasurer of this Colony pay to the Honorable William Pit- 
kin, Esq"", Governor of this Colony, the sum of one hundred 
and fifty pounds, for the first half of liis salary for the current 
year. 

This Assembly grants to his Honour the Deputy Governor 
the sum of fifty pounds, for the first half of his current year's 
salary. 

Resolved and ordered by this Assembly, That the Treasurerl 
of this Colony pay to the Hon^^e Jonathan Trumbull, Esq"", Dep- 
uty Governor of this Colony, the sum of fifty pounds, for the| 
first half of his salary the current year. 

This Assembly grants to Joseph Talcott, Esq% Treasurer of 
this Colony, the sum of one hundred and sixty pounds, for his 
salary the year passed. 

This Assembly grants to Mr. Secretary Wyllys the sum of 
twenty pounds, for his last year's salary. 

Resolved and ordered by this Assembly, That the Treasurer 
of this Colony pay to George Wyllys, Esq"", Secretary of this 
Colony, the sum of twenty pounds, for his salary the year 
passed. 

Ordered by this Assembly, That the Treasurer of this Col- 
ony pay out of the public treasury unto Timothy Green, prin- 
ter, the sum of ten pounds nine shillings and six pence, law- 
ful money, being the full of an account exhibited by said Green 
to this Assembly for his service in printing, and for several 
disbursements made by him for and on account of this Colony 
since October last. 

This Assembly is adjourned until the Governor, or in his 
absence the Deputy Governor, shall see cause to call it to 
meet again. 

George Wyllys, Secret'y. 



1766.] OF CONNECTICUT. 403 



[215] Afino Regni Regis Georgii tertii sexto. 

At a General Assembly op the Governor and Company op 
HIS Majesty's English Colony of Connecticut in New 
England in America holden at Newhaven in said Coi>- 
ony on the second Thursday of October, and continued 
by several adjournments until the thirty-first day op 
the same month, annoque Domini 1766. 

Present : 
The Honorable William Pitkin, Esq'', Governor. 
The Honorable Jonathan Trumbull, Esq"", Deputy G-overnor. 

Hezekiah Huntington, Esq'', William Pitkin jun'', Esq'",^ 

Mathew Griswold, Esq'', Roger Sherman, Esq"", 

Shubael Conant, Esq'', Robert Walker, Esq'', 1 ^ssz's^ 

Elisha Sheldon, Esq', Abraham Davenport, Esq"", f ants. 

Eliphalet Dyer, Esq*^, Wm. Samuel Johnson, Esq"", 

Jabez Huntington, Esq"^, Joseph Spencer, Esq"^, 

Representatives or Dep)uties of the Freemen of the several Towns 
as follow, viz : 

Mr. John Ledyard, Colo. John Pitkin, for Hartford. 

Mr. Alexander Wolcott, Mr. Mathew Rockwell, for Windsor. 

Colo. John Chester, Capt. Elisha Williams, for Weathersfield. 

Colo. Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Mr. Solomon Whitman, Capt. John Strong, for Farmington. 

Mr. John Owen, Mr. Oliver Humphrey, for Symsbury. 

Capt. Peter Bulkley, Mr. Daniel Foot, for Colchester. 

Capt. John Phelps, Capt. Samuel Gilbert, for Hebron. 

Mr. Jonathan Welles, Mr. John Kimberly, for Glastonbury. 

Mr. David Strong, Capt. Thomas Pitkin, for Bolton. 

Mr. Daniel Alden jun'", for Stafford. 

Zebulon West, Esqf, Capt. Samuel Chapman, for Tolland. 

Mr. William King, for Suffield. 

Mr. Edward Collins, Mr. Nathaniel Terry jun^ for Endfield. 

Mr. Emery Pease, Mr. Rueben Sikes, for Somers. 

Mr. Moses Holmes, Capt. Timothy Pearl, for Wellington. 

Capt. Thomas Selden, for Haddam. 

Mr. Daniel Brainerd, for East Haddam. 

Mr. Daniel Lyman, Mr. Samuel Bishop, for Newhaven. 

Capt. John Fowler, Mr. Robert Treat, for Milford. 

Mr. Nathaniel Hill, Mr. Nathaniel Ruggles, for Guilford. 

Mr. James Barker, Mr. Samuel Russell, for Branford. 

Colo. Benjamin Hall, Capt. Macock Ward, for Wallingford. 

Mr. Daniel Holbrook, Capt. Abel Gun, for Derby. 

[216] Mr. Jonathan Baldwin, Mr. Samuel Lewis, for Water- 
bury. 



494 PUBLIC RECORDS [October, 

Capt. James Wadsworth, Colo. Elihu Chauncey, for Durham. 

Mr. Richard Law, Mr. William Hilhouse, for New London. 

Mr. Isaac Tracey, Mr. Joseph Tracey, for Norwich. 

Capt. Hez'i Whittelsey, Mr. Joseph Tulley, for Saylirook. 

Colo. Henry Babcock, Mr. Charles Plielps, for Stonington. 

Mr. Joseph Wilcox, Mr. Benjamin Gale, for Killing worth. 

Capt. Joseph Mather, Capt. Elisha Marvin, for Lyme. 

Capt. Moses Fish, Capt. Benadam Gallop, for Groton. 

Mr. Simon Brewster, Ca{)t. John Tyler, for Preston. 

Capt. David Burr, Ebenezer Silliman, Esq"", for Fairfield. 

Capt. Robert Fairchild, Capt. Ichabod Lewis, for Stratford. 

Mr. Thomas Fitch jun"", Mr. Joseph Piatt, for Norwalk. 

Capt. Cliarles Webb, Colo. Jonathan Hoit, for Stamford. 

Capt. Jabez Sherwood, Capt. Messenger Palmer, for Green- 
wich. 

Mr. Thos. Benedict, Capt. Daniel Ta3dor, for Danbury. 

Capt. Henry Glover, Mr. Oliver Tousey, for Newtown. 

Mr. William Lee, Mr. Nathan Olmstead, for Ridgefield. 

Capt. Dan Towner, Mr. James Potter, for New Fairfield. 

Majr Jedidiah Elderkin, Mr. Hez^ Manning, for Windham. 

Maj"" William Williams, Capt. Joshua West, for Lebanon. 

Mr. Elisha Payne, ^lay Ezekiel Pierce, for Plainfield. 

Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbury. 

Mr. Samuel Stutson, Capt. Samuel Gurley, for Mansfield. 

Mr. Phineas Strong, Capt. Ebenezer Kingsbury, for Coventry. 

Mr. Jonathan Dresser, Colo. Israel Pntnam. for Pomfret. 

Mr. Bryant Brown, Capt. Silas Hutchins, for Killingly. 

Capt. Benja. Sumner, Capt. Jedidiah Fay, for Ashford. 

Capt. Robert Dixon, Mr. John Smith, for Voluntown. 

Capt. Nehemiah Lyon, for Woodstock. 

Colo. Ebenezer Marsh, Capt. John Marsh, for Litchfield. 

Mr. Daniel Sherman, Capt. Increase Moseley, for Woodbury. 

Mr. Bushnel Bostwick, Capt. Samuel Canfield, for New Mil- 
ford. 

Capt. Abijah Catlin, Mr. George Catlin, for Harwinton. 

Capt. Mathew Gillet, Mr. Israel Loomiss, for New Hartford. 

Capt. Charles Burrel, Mr. Samuel Forbes, for Canaan. 

Capt. Thomas Chittendon, Mr. Joshua Porter, for Salisbury. 

Mr. Cyrus Marsh, Mr. Eliphalet Comestock, for Kent. 

Capt. John Williams, Mr. Jeremiah Day, for Sharon. 

Mr. Heman Swift, Mr. Thomas Russel, for Cornwal. 

Capt. Moses Lyman, Capt. Samuel Nash, for Goshen. 

Mr. John Cook, for Torrington. 

Zebulon West, Esq"", Speaker ) of the House of 
Maj"" William Williams, Clerk, ) Representatives. 



1766.] OP CONNECTICUT. 495 

[217] An Act for publishing- the Oaths of Alleg-iance and Supremacy, 

Declaration against Popery, and Oath of Abiuration, as the same 
are to be administered agreeable to Act of Parliament. 

Be it enacted by the Governor^ Council and Jic^jresentatives, 
in General Court assembled, and by the authority of the same, 
That the oaths provided by act of Parliament instead of the 
oaths of allegiance and supremacy, the Declaration against 
Popery, and also the Oath of Abjuration, agreealile to the 
form prescribed by a late act of Parliament, passed in the 
sixth year of his present Majesty's reign, be printed with the 
acts of this Assembly ; which are as follow, viz : 

I, A. B. do sincerely promise and swear, that I will be 
faithful and bear true allegiance to his Majesty King Geoi'ge 
the third: So help me God. 

I, A. B. do swear that I do from my heart abhor, detest 
and abjure, as impious and heretical, that damnable doctrine 
and position, that princes excommunicated or deprived by the 
Pope, or any authority of the See of Rome, may be deposed 
or murthered by their subjects, or any other whatsoever. 
And I do declare, that no foreign prince, person, prelate, state 
or potentate, hath or ought to have any jurisdiction, power, 
sujjeriority, preeminence or authority, ecclesiastical or spirit- 
ual within the Realm of Great Britain: So help me God. 

1, A. B. do solemnly and sincerely in the presence of God 
profess, testifie and declare, that I do believe that in the sacra- 
ment of the Lord's Supper there is not any transubstantiation 
of the elements of bread and wine into the body and blood 
of Christ, at or after the consecration thereof by any person 
whatsoever ; and that the invocation or adoration of the 
Virgin Mary or any other saint, and the sacrifice of the mass, 
as they are now used in the Church of Rome, are supersti- 
tious and idolatrous. And 1 do solemnly, in the presence of 
God, profess, testifie and declare, that I do make this declar- 
ation and every part thereof in the plain and ordinary sense 
of the words read unto me, as they are commonly understood 
, by English Protestants, without any evasion, equivocation, or 
mental reservation whatsoever, and without any dispensation 
already granted me for this purpose by the Pope or any 
autliority or person whatsoever, and without any hope of any 
such dispensation from any authority or person whatsoever, 
or without thinking that 1 am or can be acquitted before God 
or man, or absolved of this declaration or any part thereof, 
although the Pope or any other person or persons or power 
whatsoever should dispence with or annul the same, or declare 
that it was null and void from the beginning. 

I, A. B. do truly and sincerely acknowledge, profess, 
testifie and declare in my conscience, before God and the 



496 PUBLIC EECORDS [October, 

world, that our Sovereign Lord King George is lawful and 
rightful King of this Realm and all other his Majesty's Do- 
minions and countries thereunto belonging. And I do sol- 
emnly and sincerely declare, that I do lielieve in my con- 
science that not any of the descendants of the person who 
pretended to be Prince of Wales during the life of the late 
King James the second, and since his decease pretended to 
be and took upon himself the stile and title of King of Eng- 
land, by the name of James the third, or of Scotland by the 
name of James the eighth, or the stile and title of King of 
Great Britain, hath any right or title whatsoever to the crown 
of this realm, or any other the dominions thereunto belonging. 
And I do renounce, refuse and abjure any allegiance or 
obedience to any of them. And I do swear that I will bear 
faith and true allegiance to his Majesty King George, and 
him will defend to the utmost of my power against all trait- 
orous conspiracies and attempts whatsoever which shall be 
made against his person, crown or dignity ; and I will do my 
utmost endeavour to disclose and make known to his Majesty 
and his successors all treasons and traitorous conspiracies 
which I shall know to be against him, or any of them. And 
I do faithlully promise, to the utmost of my power, to sup- 
port, maintain and defend, the succession of the crown 
against the descendants of the said James, and against all 
other persons whatsoever; which succession by an act in- 
tituled An act for the further limitation of the crown and 
better securing the rights and liberties of the subject, is 
and stands limited to the Princess Sophia, Electoress and 
Duchess Dowager of Hanover, and the heirs of her body 
being Protestants. And all these things I do plainly and 
sincerely acknowledge and swear according to these express 
words i)y me spoken, and according to the plain common 
sense and understanding of the same words, without any 
equivocation, mental evasion, or secret reservation whatso- 
ever. And I do make this recognition, acknowledgment, 
abjuration, renunciation, and promise, heartily, willingly, and 
truly, upon the true faith of a Christian. 

An Act for making- and naming a District for a Court of Probate in. 

tiie Southeast Part of this Colony and erecting a 

Court of Probate therein. 

[218] Be it enacted by the Governor^ Council and Repre- 
sentatives^ in Greneral Court assembled, and by the authority of 
the same, That the towns of Stonington and Groton shall be one 
district of or for a court of probate, and shall be called and 
known by the name of the district of Stonington ; and that 
in the same district there shall be a court of probate held by 



1766.] OF CONNECTICUT. 497 

one judge, to he appointed and commissioned for that pur- 
pose according to lavy, who shall have a clerk, by him to be 
appointed and sworn to that office; which court shall have 
and exercise the same powers, authorities and priviledges, 
that the other courts of probate in tliis Colony by law have 
and are respectively vested with. And all appeals from said 
court of probate shall be regulated and governed according 
to the order and directions of the law respecting appeals 
from the courts of probate in tiiis Colony. Provided never- 
theless, that all matters and business that hath begun, 
entered, or are depending in the court of probate in the dis- 
trict of New London shall be issued and finished in said 
court as though this act had not been made; anytiiing therein 
contained notwithstanding. 

An Act for the further Alteration of one certain Act of this Colony 
intituled An Act for appointing-, encouraging and supporting- Schools. 

Whereas the provision for and regulation of schools in said 
act provided is found to be insufficient to answer the import- 
ant design of educating and instructing children as was in- 
tended by said act: Therefore, for the further providing for 
the same. 

Be it enacted by the Governor^ Council and Representatives^ 
in Greneral Court assembled^ and by the authority of the same, 
That from and after the first day of January, one thousand 
seven hundred and sixty-seven, there shall be annually paid 
out of the treasury of this Colony to the several towns and 
societies in this Colony the sum of twenty shillings, lawful 
money, upon every thousand pounds of the list of such towns 
and societies, instead of ten shillings, lawful money, on a 
thousand pounds, provided for by an act of this Colony, inti- 
tuled An act for the alteration of one certain paragraph of 
the same act, passed in the General Assembly on the second 
Thursday of October, one thousand seven hundred and fifty- 
four, and so in proportion for any lesser sum or sums ; which 
monies so raised shall be paid by the Treasurer of this Colony, 
annually as aforesaid, to the several school-committees of the 
several towns and societies, and by them to be paid out for 
the use and benefit of the schools therein, as is hereafter pro- 
vided. 

And be it further enacted by the authority aforesaid, That 
each town and society shall have full power and authority to 
divide themselves into proper and necessary districts for keep- 
ing their schools, and to alter and regulate the same from 
time to time as they shall have occasion ; which districts so 
made shall draw their equal proportion of said monies, as 
well as all other public monies for the support of schools be- 

63 



498 . PUBLIC RECORDS [October, 

longing to such respective towns or societies, according to 
the lists of each respective district therein. 

Provided nevertheless ^T\\i\i nothing in this act shall extend 
to alter, controul or supersede anything contained in the pro- 
viso of the ast paragraph of said act for appointing, encourag- 
ing and supporting schools, above referred to. 

An Act in Addition to a La-w of this Colony intituled An Act for con- 
stituting Judges and Justices of the Peace in this Colony, and for 
impow^ering and directing them in their respective Offices. 

Whereas it may often liappen, that when complaints are 
made to any justices of the peace within this Colony for the 
breach of penal laws and statutes, and the person or persons 
so complained of may belong or escape to some other county 
than where such justice dwells, whereby the execution of such 
laws and the good designs thereof may often be frustrated, by 
reason that such justice hath not power and authority to issue 
and sign any writ or process for the apprehending such per- 
son or persons so complained of, as aforesaid : Which incon- 
veniences to remedy, 

Be it enacted by the Governor^ Council and Representatives, 
in General Court assembled^ and by the authority of the same, 
[219] II That for the future, whenever any complaint shall be 
legally made to any justice of the peace within this Colony,; 
in any criminal matter on which the person or persons so- 
complained of ought to be brought before such justice for 
tryal or examination, that such writ or process, as well as all 
summons for witnesses to appear in said cause, signed by such 
justice to whom such complaint may be made, shall be of as 
full force and authority in any and every county within this 
Colony as if the same had been signed by an Assistant ; any 
law, usage or custom to the contrary notwithstanding. 

An Act in Alteration of the second Paragraph of the Statute Law of 
this Colony intituled An Act for preventing, punishing and re- 
moving Nuisances in Creeks, Rivers and other Water-Courses. 

Where in said paragraph it stands enacted, if any person 
or persons whatsoever shall by wears, hedges, seines, or any 
other incumbrances or way or means whatsoever, without 
lycence from the county court of that county wherein the 
said wear, hedge or other obstruction is set and made, dis 
turb, hinder or anyways obstruct the natural, common or 
usual course or passage of the fish in the spring, or proper 
season of the year, up or in any of the aforesaid rivers, ,j 
streams, cove, or creeks, the same shall be deemed a com^ 
mon nuisance <fec. ; which lycence given by the county court, 
as by said paragraph, is often found to prove mischievous, an 
many persons having obtained the same have thereby almos 
Fhclly stopt and obstructed the natural course of the fish 
passing up and down in many of said rivers, streams, cove 



1766.] OP CONNECTICUT. 419 

&c., in their proper season, and thereby have greatly destroyed 
tlie common priviledge and benefit of taking and catching the 
fish in and up said rivers, cove &c. : Therefore, to prevent 
the same, 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the authority of the same, 
That tlie whole of said paragraph, so far as it respects the 
county courts in their respective comities giving and granting 
lycence to any person or persons to set up any wears, hedges, 
seines or other incumbrances, to the stopping or obstructing 
of the fish in their seasons passing up or in any of tlie afore- 
said rivers, cove (tc, shall be repealed and utterly void, and 
the same with such lycence relative thereto as have hereto- 
fore been given by the county courts is hereby made null and 
void, and of no effect. 

An Act in Addition to and Alteration of one Act of this Colony inti- 
tuled An Act for directing and regulatiner the Levying and 
Serving Executions. 

Be it enacted by the Guvernor, Council arid Representatives, 
in General Court assembled, and by the authority of the same, 
That whensoever any execution shall be levycd upon lands, 
the same shall be apprized by three indifferent freeholders of 
the same town where such lands lye, to be nominated and ai> 
pointed by the creditors choosing one, the debtor another, and 
in case the parties cannot agree on the third man, or either 
of the parties neglecting to choose, tlien and in that case the 
officer shall apply to the next Assistant or justice of the 
peace who bylaw may judge between the parties in civil cases, 
which authority shall nominate and appoint one or more ap- 
prizers, as the case may require ; which apprizers shall be 
sworn according to law. 

A7id be it further enacted by the authority aforesaid, That 
it shall be the duty of the officer that levies such execution 
on lands, to cause such execution with his endorsements 
thereon to be entered of record on the town-clerk's records 
of such town where the lands lye, before he returns the same 
into the office to which it is returnable by law. And the of- 
ficer shall have two shillings for causing the same to be re- 
corded, with his additional fees for his travel ; any law, usage 
or custom to the contrary notwithstanding. 

An Act for the Regulating of Deputy Sheriffs and limiting their Number 
in the several Counties in this Colony. 

Be it enacted by the Governor, Council and Rejjresentatives, 
in General Court assembled, and by the authority of the same, 
That the sheriif of the county of Hartford for the future 
shall not nominate or appoint more than ten deputies or under- 
sheriffs within or for said county, to act under him at the 



500 PUBLIC RECORDS [October, 

same time. And that the sheriff of the county of Newhaven 
shall not nominate or appoint more than six deputy or under- 
sheriff's within and for said county, to act under him at the 
[220] same time. || And that the sheriff of the county of 
New London shall not nominate or appoint more than five 
deputy or nnder-sheriffs within and for said county, to act 
under him at tiie same time. And that the sheriff of the 
county of Fairfield shall not nominate or appoint more than 
four deputy or under-sheriffs within and for said county, to act 
under him at the same time. And that the sheriff' of the 
xiounty of Windham shall not nominate or appoint more than 
four deputy or under-sheriffs within and for said county, to 
act under him at the same time. And that the sheriff of the 
county of Litchfield shall not nominate or appoint more than 
four deputy or under-sheriffs within and for said county, to 
act under him at the same time. 

Provided nevertheless^ That the sheriffs of the respective 
counties in this Colony shall have liberty on special occasions 
to depute any meet person to serve and execute any particular 
writ or process, which deputation shall appear entered on the 
back of such writ or process ; anything in this act to the con- 
trary notwithstanding. 

And it is further enacted hy the authority aforesaid, That 
all writs and processes that shall be served or executed by 
any deputy or under-sheriff not qualified as aforesaid shall be 
void and abate. 

Provided' also, That this act shall not extend to prohibit 

the sheriffs in their respective counties of deputing each 

other to serve as deimtics in their respective counties, nor to 

hinder or restrain the now deputy-slieriffs from legally acting 

in their offices until the sitting of the county court in the 

county where they are appointed ; any law, usage or custom 

to the contrary notwithstanding. 

An Act for the Preservation of Oysters and. Clams and. regulating the 

Fishery thereof 

Be it enacted by the Governor, Council and Representatives, 
in General Court assembled, and by the anthority of the same. 
That the towns of Newhaven, Fairfield, and all and every 
town in this Colony bordering on the sea, sound or river, 
having oysters or clams growing and lying in any river, har- 
bour, cove, creek, or flats, within the bounds of such towns 
respectively, or adjoining or appertaining thereto, shall 
have power, and power and authority is hereby granted to 
such towns respectively, in their town-meetings to make rules 
and ordinances respecting the preserving such oysters and 
clams and catching and taking the same, and to lay such 
lestrictions and prohibitions against taking such oysters and 



1766.] OF CONNECTICUT. 501 

clams ill improper seasons, and to impose such penalties as 
shall be thought j)roper by such towns for the l)reach of such 
ordinances and rules : provided no such penalty shall exceed 
the sum of five pounds, money. 

This Assembly do appoint Eliphalet Dyer, Esq"", a Special 
Agent for this Colony, to repair as soon as conveniently may 
be to Great Bi-itaiii, there to assist Mr. Agent Jackson in 
preparing, soliciting and managing for and in behalf of said 
Colony the case of the Mohegan Indians, lying by appeal of 
Mason in behalf of said Indians, before the King's Most 
Excellent Majesty in Council. 

This Assembly do appoint William Samuel Johnson, Esq"", 
a Special Agent for this Colony, to repair to Great Britain 
with all convenient expedition, there to assist Mr. Agent 
Jackson in preparing, soliciting and managing for and in 
behalf of said Colony tlie case of the Mohegan Indians, 
lying by appeal of Mason in behalf of said Indians, before 
the King's Most Excellent Majesty in Council.* 

Resolved by this Assemhly, That his Honour the Governor 
be and he is hereby desired, to make and execute to William 
Samuel Johnson, Esq"", a proper commission to appear as 
Agent and Attorney to the Governor and Company of this 
Colony, in their name and behalf to appear and them repre- 
sent before the King's Most Excellent Majesty, or any of his 
courts, ministers of state, or boards of audience in Great 
Britain, and there to manage <fec. every matter that shall be 
committed to him &c., in conjunction with Richard Jackson 
of London, Esq"", Agent for the Colony aforesaid, and to 
cause the seal of this Colony to be affixed thereunto accord- 
ingly. 

Resolved hy this Assembly, That William Samuel Johnson, 
Esq"", be allowed one hundred and fifty pounds sterling for 
his service as Agent for this Colony at the Court of Great 
Britain ; and if he continue in said service longer than one 
year, then after that rate per atmuin, exclusive of his expences 
[221] for II agency and for his extraordinary cloathing, and 
that he be allowed for his expences and his cloathing as 
aforesaid ; and that he be allowed fifty pounds sterling to be 
paid him out of the Colony treasury in part towards the pay- 
ment of his said expences, and the Treasurer is hereby 
ordered to pay the same accordingly ; and that his Honour 

*Asummous, dated July 8tli, 1766, had been received, giving notice 
tiiat the appeal woukl be heard iu February then next. Indiaii!<, II. 276. 
Mr. .Johnson sailed from New York on the day before Christmas, 1766, 
and did not return from England until the autumn of 1771. 



602 PUBLIC RECORDS [October, 

the Governor be and he is herel^y desired to order Mr. Agent 
Jackson to furnish said William Samuel Johnson, Esqi", with 
such sum or sums of money as he shall have occasion for 
while in England, and that he account with this Colony for 
the same. 

Resolved^ That his Honour the Governor be and he is here- 
by desired to send forward a letter to Mr. Agent Jackson, 
informing that a Special Agent is appointed to repair to 
Great Britain on the affair of the Mohegan Indians with all 
convenient speed, to assist him, said Mr. Jackson, in prepar- 
ing, soliciting and managing said case in the tryal thereof 
said to be coming on before the King's Most Excellent Majesty 
in Coimcil ; and also that he is appointed by the tenants in 
possession of the land in controversie to appear and answer 
for them ; and desire that the hearing of the case be put off 
till such Special Agent do arrive and be prepared for tryal ; 
and that he write again by such Special Agent, recommend- 
ing him to Mr. Agent Jackson and informing him what is 
further necessary on the preparations that shall be made in 
the case. 

Resolved by this Assembly, That his Honour the Deputy 
Governor, Mathew Griswold, George Wyllys, Esqfs, and 
^Isiy William Williams, be a committee, and they are hereby 
fully authorized and impowered, to look into the affairs re- 
lating to the Mohegan Indians, so far as respects the case 
lying before the King in Council upon the complaint against 
the government and the tenants in possession of the lands 
contained in said complaint, and make all proper provision of 
exhibits and depositions and directions that shall be thought 
needful for conducting and managing said case on tryal 
before the King in Council. 

This Assembly do appoint Charles Phelps, Esq"", to be 
Judge of the Court of Probate for the district of Stonington 
until the first day of June next. 

This Assembly do appoint Messrs. Selah Hart and Thomas 
Pitkin to be Justices of the Peace for the county of Hartford 
till the first day of June next. 

This Assembly appoints Mr. Gideon Walker to be a Justice 
of the Peace in and for the county of Litchfield until the first 
day of June next. 

This Assembly do appoint Mr. Robert Walker jun'' of 
Stratford, Surveyor of Lands for the county of Fairfield, in 
the room of Mr. Judah Kellogg, resigned. 

This Assembly do appoint Mr. John Gun, of Milford, Sur- 
veyor of Lands for the county of Newhaven. 



1766.] OP CONNECTICUT. .003 

This Assembly do establish Mr. Isaac Pinney to be Cap- 
tain of the fifth company or trainband in the town of Windsor. 

This Assembly do establish Mr. Mathcvv Griswold to be En- 
sign of the fifth company or trainliand in the town of 
Windsor. 

This Assembly do establish Mr. Joseph Lothrop to be 
Captain of the south company or trainband in the town of 
Tolland. 

This Assembly do establish Mr. John Reddington to be 
Lieutenant of the south company or trainband in the town of 
Tolland. 

This Assembly do establish Mr. Benjamin Brooks to be 
Captain of the sixth company or trainband in the town of 
Farmington. 

This Assembly do establish Mr. Benjamin Frisbie to be 
Lieutenant of the sixth company or trainband in the town of 
Farmington. 

This Assembly do establish Mr. Elisha Warren to be En- 
sign of the sixth company or trainband in the town of Farm- 
ington. 

This Assembly do establish Mr. Elias Chapin to be Lieu- 
tenant of the second company or trainband in the town of 
Sommers. 

[222] This Assembly do establish Mr. James Hall to be 
Captain of the fourteenth company or trainband in the fifth 
regiment in this Colony. 

This Assembly do establish Mr. Thomas Barrows juni" to 
be Lieutenant of the 14th company or trainband in the 5th 
regiment in this Colony, 

This Assembly do establish Mr. Samuel Storrs jun'' to be 
Ensign of the fourteenth company or trainband in the 5th 
regiment in this Colony. 

This Assembly do establish Mr. Hezeliiah Humphrey to be 
Captain of the second company or trainband in the town of 
Symsbury. 

This Assembly do establish Mr. Samuel Foot to be Lieu- 
tenant of the second company or trainband in the town of 
Symsbury. 

This Assembly do establish Mr. Abel Pettibone to be En- 
sign of the second company or trainband in the towji of 
Symsbury. 

This Assembly do establish Mr. William Cogswell to be 
Ensign of the third company or trainband in the town of 
New Milford. 

This Assembly do establish Mr. John Welton to be Captain 



504 PUBLIC RECORDS [October, 

of the secomi company or trainband in the first society in 
the town of Watcrbnry. 

This Assembly do establish Mr. Jesse Leavensworth to be 
Lieutenant of the second company or trainband in the first 
society in the town of Waterbnry. 

This Assembly do establish Mr. Abraham Hickcox to be 
Ensign of the second company or trainband in the first society 
in the town of Waterbnry. '' 

This Assembly do establish Mr. Jonathan Buel to be Cap- 
tain of the west company or trainband in the town of Goshen. 

This Assembly do establish Mr. Ebenezer Hill to be Lieu- 
tenant of the west company or trainband in the town of 
Goshen. 

This Assembly do establish Mr. David Norton to be En- 
sign of the west company or trainband in the town of Goshen. 

This Assembly do establish Mr. Abel Seeley to be Lieuten- 
ant of the company or trainband in the parish of Stratfield 
in the fourth regiment in this Colony. 

This Assembly do establish Mr.Hezekiah Hubbel to be En- 
sign of the company or trainband in the parish of Stratfield in 
the fourth regiment in this Colony. 

This Assembly do establish and confirm Mr. Peter Nichols 
to be Ensign of the first company or trainband in the town of 
Newton. 

This Assembly do establish and confirm Mr. John Griffin to 
be Lieutenant of the first company or trainband in the town of 
Newtown. 

This Assembly do establish Mr. Nathan Griswoldto be Cap- 
tain of the 12th company or trainband in the 7tli regiment in 
this Colony. 

This Assembly do establish Mr. Silvanus Graves to be Lieu- 
tenant of the 12th company or trainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. John Noyes Wadsworth to 
be Captain of the south company or trainband in the town of 
Durham. 

This Assembly do establish and confirm Mr. Eliakim Strong 
to be Lieutenant of the south company or trainband in the town 
of Durham. 

This Assembly do establish and confirm Mr. Simeon Coe 
to be Ensign of the south company or trainband in the town 
of Durham. 

This Assembly do establish Mr. Edmund Badger to be Quar- 
ter-Master of the troop of horse in the 5th regiment in this 
Colony. 



1766.] OF CONNECTICUT. 505 

This Assembly do establish Mr. Thomas Adgate to be Quar- 
ter-Master of the troop of horse in the 3d regiment in this Col- 
ony. 

[223] This Assembly do establish Mr. Stephen Abbot to be 
Captain of the 12th company of trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. John Work to be Lieuten- 
ant of the 12th company or trainband in the 5th regiment in 
this Colony. 

Tliis Assembly do establish Mr. Alexander Ewing jun'' to be 
Ensign of the 12th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. Edmund Beach to be Cap- 
tain of the east company or trainband in the town of Goshen. 

This Assembly do establish Mr. Abraham Parmely to be 
Lieutenant of the east company or trainband in the town of 
Goshen. 

This Assembly do establisli Mr. Nathaniel Stanly jun"^ to be 
Ensign of the east company or trainband in the town of 
Goshen. 

This Assembly do establish Mr. Obadiah Horsford to be 
Captain of the 5th company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establisli Mr. Stephen Barber to be Lieu- 
tenant of the 5tli company or trainband in the 12th regiment 
in this Colony. 

This Assembly do establish Mr. Joshua Phelps to be Ensign 
of the fifth company or trainband in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Andrew Martin to be Lieu- 
tenant of the 4th company or trainband in the town of Wood- 
berry. 

This Assembly do establish Mr. Enos Hawley to be Ensign 
of the fourth company or trainband in the town of Woodberry. 

This Assembly do establish Mr. John Benedict junr to be 
Lieutenant of the company or trainband in Canaan parish in 
the 9th regiment in this Colony. 

This Assembly do establish Mr. Daniel Benedict to be Ensign 
of the company or trainband in Canaan parish in the 9th reg- 
iment in this Colony. 

This Assembly do establish Mr. John Felshaw junf to be 
Captain of the fourth company or trainband in the 11th reg- 
ment in this Colony. 

This Assembly do establish Mr. Josiah Newel to be Lieuten- 
64 



506 PUBLIC RECORDS [October, 

ant of the company or trainband in Southington parish in the 
town of Farminfiton. 

This Assembly do establish Mr. John Webster to be En- 
sign of the company or trainband in Southington parish in the 
town of Farmington. 

This Assembly do establish Mr. Samnel Blachley to be Cap- 
tain of the 3d company or trainband in the town of Wood- 
bury. 

This Assembly do establish Mr. David Hurd to be Lieuten- 
ant of the 3d company or trainband in the town of Woodberry . 

Tliis Assembly do establish Mr. Abel Beach to be Captain 
of the first company or trainband in the town of Torrington. 

This Assembly do establish Mr. Nathaniel Barber to be Lieu- 
tenant of the first company or trainband in the town of Tor- 
rington. 

This Assembly do establish Mr. Amos Wilson to be Ensign 
of the first company or trainband in the town of Torrington. 

This Assembly do establish Mr. Ebenezer Coles to be Cap- 
tain of the company or trainband in the parish of Meriden in 
the 10th regiment in this Colony. 

This Assembly do establish Mr. Josiah Robinson to be Lieu- 
tenant of the company or trainband in the parish of Meriden in 
the 10th regiment in this Colony. 

This Assembly do establish Mr. John Couch to be Ensign of 
the company or trainband in the parish of Meriden in the 10th 
regiment in this Colony. 

[224] This Assembly do establish Mr. Joshua Bushnel to be 
Captain of the first company or trainband in the town of Say- 
brook. 

This Assembly do establish Mr. Samuel Shipman to be Lieu- 
tenant of the first company or trainband in the town of Say- 
brook. 

This Assembly do establish Mr. John Cockran to be En- 
sign of the first company or trainband in the town of Say- 
brook. 

This Assembly do establish Mr. Treat Mills to be Captain 
of a company or trainband in the parish of Ripton in the 4th 
regiment in this Colony. 

This Assembly do establish Mr. Agur Judson to be Lieu- 
tenant of a company or trainband in the parish of Ripton in 
the 4th regiment in this Colony. 

This Assembly do establish Mr. Nathan Hurd jun^ to be Quar- 
ter-Master of the troop of horse in the 13th regiment in this 
Colony. 

This Assembly do establish Mr. Jonathan Bell jun^ to be 



1766.] OF CONNECTICUT. i07 

Ensign of the company or trainband in the parish of Midlesex 
in the 9th regiment in this Colony. 

Tliis Assembly do establish Mr. William Cutler to be Cap- 
tain of the 8th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Andrew Backus to be En- 
sign of the 8th company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Abel Woodward to be Lieu- 
tenant of the west company or trainband in Westbury parish 
in tiie town of Waterbury. 

This Assembly do establish Mr. Peter Welton to be Ensign 
of the west company or trainband in Westbury parish in the 
town of Waterbury. 

This Assembly do establish Mr. Jose[)h Wheeler to be Cap- 
tain of the 2d company or trainband in the town of Newtown. 

This Assembly do establish Mr. Joseph Seaward to be Lieu- 
tenant of the company or trainband in the town of Norfolk. 

This Assembly do establish Mr. Giles Pettibone to be En- 
sign of the company or trainband in the town of Norfolk. 

This Assembly do establish Mr. Nathaniel House to be Cap- 
tain of the company or trainband in the parish of Andover. 

This Assemlily do establish Mr. Ebenezer Jones to be Ensign 
of the company or trainband in the parish of Andover. 

This Assembly do establish Mr. Joseph Pratt jun"" to be Cap- 
tain of the first company or trainband in the town of Kent. 

This Assembly do establish Mr. Jedidiah Hubbel to be Lieu- 
tenant of the first company or trainband in the town of Kent. 

This Assembly do establish Mr. Thomas Porter to be Cap- 
tain of the company or trainband in the town of Cornwall. 

This Assembly do establish Mr. Ebenezer Dibble to be Lieu- 
tenant of the company or trainband in the town of Cornwall. 

This Assembly do establish Mr. Joseph Harris jun"" to be 
Lieutenant of the first company or trainband in the town of 
New London. 

This Assembly do establish Mr. John Hempstead jun'' to be 
Ensign of the first company or trainband in the town of New 
London. 

This Assembly do establish Mr. Jabez Wheeler to be Cap- 
tain of the company or trainband in the town of New Fairfield. 

This Assembly do establish Mr. Samuel Wakeman to be 
Ensign of the company or trainband in the town of New Fair- 
field. 

This Assembly do establish Mr. Joseph Brewster to be Cap- 
tain of the 5th company or trainband in the town of Norwich. 



508 PUBLIC RECORDS [October, 

[225] This Assembly do establish Mr. Jabez Wight jim'" 
to be Lieutenant of the fiftli company or trainband in the 
town of Norwich. 

This Assembly do establish Mr. Nathan Brewster to be En- 
sign of the 5th company or trainband in the town of Norwich. 

This Assembly do establish Mr. Aaron Harrison to be Cap- 
tain of the new-erected company or trainband within the lim- 
its of the winter-parish in Waterbury granted by the General 
Assembly in October, A. Dom. 1762. 

This Assembly do establish Mr. Heman Hall to be Lien- 
tenant of the new-erected company or trainband within the 
limits of the winter-parish in Waterbury granted by the Gen- 
eral Assembly in October, A. Dom. 1762. 

This Assembly do establish Mr. Josiah Rogers to be Ensign 
of the new-erected company or trainband within the winter- 
parish in the town of Waterbury granted by the General As- 
seml)ly in October, A. Dom. 1762. 

Whereas Daniel Sherman and Benjamin Hinman, Esq''^ 

and Capt. Benjamin Stiles were appointed a committee by the 

General Assembly held at Hartford in May last, to lay out a 

highway from the upper bridge over Naugatuck River in Derby 

to the court-house in New Haven, who have entered upon 

said service, but are not able to compleat the same so as to 

make report to this Assembly in the present session : It is 

therefore resolved by this Assembly, that the said committee 

be and they are hereby reappointed to compleat said service 

agreeable to the directions contained in the resolve of the 

General Assembly made and passed relative thereto in May 

last, and make report of their doings therein to the General 

Assembly to be holden at Hartford in May next. 

The Gentlemen nominated by the Votes of the Freemen to stand, for 

Election in May next as sent in to the General Assembly holden 

at Newhaven the 2d Thursday of October, A.D. 1 766, are 

as follow, viz : 

The Honbie William Pitkin, Esq-'. 

The Hon^^'e Jonathan Trumbull, Esq^ 
Hezekiah Huntington, Esq^ Abraham Davenport, Esq^ 
Mathew Griswold, Esq^ William Sam' Johnson, Esq^ 

Shubael Conant, Esqf. Joseph Spencer, Esq^ 

Elisha Sheldon, Esq^ The Ron^^- Thomas Fitch, Esq-". 

Eliphalet Dyer, Esq^ Ebenezer Silliman, Esqf. 

Jabez Huntington, Esqf. John Chester, Esq". 

William Pitkin juii'', Esqf. Benjamin Hall, Esq''. 
Roger Sherman, Esq^ Jabez Hamlin, Esq''. 

Robert Walker, Esq^. Capt. Zebulon West. 

Whereas upon the memorial of Benjamin Tracy and Olive 
his wife, Mercy Killam and Hepzibah ICillam, all of Preston, 



17G6.] OP CONNECTICUT. 509 

exhibited to this Assembly at their sessions in May last, 
therein representing that John Killam late of said Preston, 
deceased, fatlier of the said Olive, Mercy and Hepzil)ah, in 
and by his last will and testament, bearing: date the 9th day 
of Febrnary, A.D. 1753, gave and bequeathed unto his said 
three daughters of his personal estate in specific legacies to 
the amount of <£145 2s. 10c?. lawful money, at inventory 
price ; that after the death of sai'l deceased judgments were 
recovered against his executor, and other expences arisen, so 
that said executor had taken almost the whole of said lega- 
cies to pay off said debts, wliercby said three daughters were 
deprived of their said legacies &c. ; praying for a committee 
&c., as per petition on file : Messrs. Samuel Coit and Na- 
thaniel Brown, Esq^^s, of. Preston, and Richard Hide of Nor- 
wich, were appointed a committee to call before them all the 
legatees to whom said deceased gave and bequeathed any leg- 
acies or part of his estate by said will, or their legal represen- 
tatives, and examine into the disposition of said estate and all 
matters mentioned in said petition and circumstances relating 
thereto, and to determine and ascertain what sum or sums 
any or all of said legatees ought in equity to pay to the peti- 
tioners, or wliether any of them, and make report of what 
they should find together with their opinion thereon &c. : 
And also whereas said committee have made report to this 
Assembly at their present sessions, that having repaired to 
said Preston, and all parties concerned being duly notified 
appealed and exhibited their evidences, pleas &c. to said 
[226] committee, they find that the petitioners have lost and || 
been deprived of a part of their said legacies as follows, viz : 
The said Olive X20 18s. Oc?.,the said Mercy, X22 5s. Ic?., and the 
said Hepzibah .£23 16s. Od., amounting in the whole to X66 
19s. Id. lawful money, which sum ought to be paid by several 
of said legatees and their legal representatives, viz : Jepthah 
Killam and Meribah Killam, both minors, the only children 
and heirs of Jepthah Killam late of said Preston, deceased, 
one of said legatees, ought to pay £48 Os. Od., said John 
Killam £12 5s. Od., said Eliab Farnam and Abigail his wife 
£5 16s. Oc?., said Robert Rose and his wife Sarah £0 18s. 
Od., and also that some suitable person be authorized to make 
sale of [so] much of the real estate in said will given to said 
Jepthath, deceased, the father of said minors, as shall be suf- 
ficient to pay said sum of £48 Os. Od. and incident charges, 
and also that the petitioners be allowed the cost of this pro- 
cess &:c., as per report on file: This Assembly do accept said 
report, and the same is hereby approved and accepted, and 



610 PUBLIC RECORDS [October, 

thereupon it is resolved by this Assembly, that the said John 
Killam pay to the petitioners said sum of <£12 5 0, and also 
the sum of X2 17 7, part of the cost of this suit; that said 
Eliab Farnam and Abigail his wife pay to the petitioners said 
sum of £5 16 0, and also £2 17 7, their part of the cost; 
and that said Robert Rose and Sarah his wife pay to the peti- 
tioners the sum of £0 18 0, and also £2 17 7, their part of 
the cost of this suit; and that execution go fortii severally 
accordingly; and also, that the said Jepthah Killam and Mer- 
it >ah Killam, minors, pay the petitioners out of the estate 
given to their father the said Jepthath, deceased, said sum of 
£48 Os. Ot^. and also £2 17s. Id. their part and proportion 
of the cost of this process. And it is also further resolved 
by this Assembly, that William Witter, Esq"", of Preston, be 
authorized, and he is hereby substituted and fully authorized, 
to make sale of so much of said real estate in and by said last 
will and testament given to the said Jepthath, deceased, as 
shall be sufficient to pay and satisfie said sum of £48 Os. Od. 
and cost to be paid by said minors, together with incident 
charges arising on such sale; taking directions of the court of 
probate for the district of Norwich therein. 

Decern. 10th, 176b, three executions in favour of the peti- 
tiotiers pursuant to this decree. 

Upon the petition of Hannah Clark and Sheldon Clark, ex- 
ecutors of the last will and testament of William Clark late 
of Derby, deceased, representing a conditional agreement 
made in September, A.D. 1761, between Enos Ailing and 
Thomas Howel and the said William Clark, that he should 
purchase of them a quantity of salt which they had stored in 
said Derby, and that said bargain on or about the 25th day of 
December, 1761, was mutually released by said parties to 
each other ; that sometime in February or March, A.D. 1762, 
the whole of said salt was washed out of a store by a flood 
and lost, and that said Allyn and Howel having commenced 
a suit at law against said Clark demanding payment for said 
salt, the matter was submitted to the arbitrament of arbitra- 
tors, who awarded that said Clark should pay half the value 
of said salt, who thereupon gave his note therefor, upon which 
note judgment liath been recovered against said administra- 
tors, and that sufficient evidence had been found by the said 
Hannah and Sheldon Clark to prove the release of said bar- 
gain ; as per petition on file: whereupon the Hon''''= Roger 
Sherman, Esq^, Messrs. Samuel Bishop jun^ and Daniel Ben- 
net, were by this Assembly at their sessions in October last 
appointed, and in their sessions in May last re-appointed, a 



1766.] OP CONNECTICUT. 611 

committee with full power to enquire into all the matters 
complained of in said petition and report make ; which com- 
mittee having enquired into said matters have reported to this 
present Assembly, that having taken into consideration said 
case with the evidences produced therein, they are of opinion 
that the evidence is sufficient to prove that said agreement 
was released by the parties, and the said Ailing and Howel 
ought not to recover anything of the said Hannah and Shel- 
don Clark by virtue of said judgment; the said report being 
by this Assembly accepted : Therefore, resolved by this As- 
sembly, that the note on which the said judgment was re- 
covered by said Ailing and Howel against the said Hannali 
Clark and Sheldon Clark be and the same is hereby declared 
to be null and void, and said judgment on said note be re- 
versed and set aside, and the same is hereby reversed and set 
aside, and all the doings thereon are herelty made void. 

Upon the petition of the selectmen of Woodberry in Litch- 
field county, representing that John Smith, late of Derby in 
Newhaven county now of said Woodlierry, is now with his 
estate in their care, and is chargeable to said Woodberry ; 
that said Smith in March, 1750, made and executed a note of 
hand for three hundred pounds, bills of credit, to Moses Haw- 
kins late of said Derby, deceased, being one of the committee 
of the proprietors of Quakers Farm purchase, with a condition 
that said Smith should remove his fence which was on the 
highway on the west side of that land that he bought of the 
[227] heirs of Colo. Johnson, and place his fence in his just || 
line ; that soon after the giving said note said Smith with his 
estate were taken into the care of the selectmen of Derby afore- 
said, (said Smith then being an inhabitant of said Derby ;) 
that Abraham Hawkins and Eli Hawkins, executors of the last 
will of said deceased Moses, at the instigation and for the ben- 
efit of the proprietors of said purchase, brought their action 
against said Smith to the county court held at said Newhaven in 
November, 1761, on said note, and the said selectmen of said 
Derby, being at the time of said suit interested in the said pro- 
priety of Quakers Farm, refused to admit any defence by the 
said Smith against said note,although said Smith might well have 
been defended in said action, as he had not injured said pro- 
prietors or encroached on their bounds, whereupon judgment 
was by said county court rendered in said action against said 
Smith for the sum of X30 Os. Ot^. lawful money, debt, and £1 
2s. 4:d. cost, and that said selectmen of Derby having in their 
hands no personal estate of the said Smith wherewith to satis- 
fie said execution applied to the General Assembly at their ses- 



512 PUBLIC RECORDS [Octobcr, 

sions at Hartford in May, 1762, for liberty, and obtained the 
same, to sell so much of the real estate of tlie said Smith as 
would amount to £26 12s. Od. with the incident charges, and 
in pursuance of said Ijcence the said selectmen did actually 
sell so much of the real estate of the said Smith as did amount 
to the sum of £40 Os. Of?, lawful money, to John Smith jun"" 
of said Dcrl>y, and executed a deed accordingly ; as by the 
petition on file may at large appear : Resolved by this x\ssem- 
toly, that the said judgment of said county court so had and 
recovered by the said executors of tlie said Moses Hawkins, 
deceased, against said John Smith, and all the doings thereon, 
be and the same are liereby declared to be reversed, set aside 
and made null and void ; and liberty is hereby granted for a 
new tryal of the said case at the county court to be holden 
at Newhaven within and for the county of Newhaven on the 
2d Tuesday of November, A. D. 1766. 

Upon the petition of Silas Deanof Weathersfield and Mehit- 
abel his wife, administrators in her right on the estate of Jo- 
seph Webb late of said Weathersfield, deceased, as also in their 
own behalf, against Joseph Forbes 3d and Sarah Forbes of 
said Weathersfield, minor children of Joseph Forbes jun'', and 
who appeared by their said father and guardian, shewing to 
this Assembly that James Treat late of said Weathersfield, 
deceased, in his life time being in needy circumstances was 
and had been supplied with the necessaries and comforts of 
life by the said Webb in his life time, and also since by the 
petitioners, to a considerable amount, and which supplies they 
afforded very much upon the encouragement of the selectmen 
of said town, and as expecting to be able to receive their pay 
therefor out of certain real estate of said James, which real 
estate now appears to have been by the said James made over 
to his late son James Treat jun"^ on certain conditions, which 
conditions not having been performed and the said James jun"^ 
dying, the said deed got on record by mistake, whereby there 
appears an evidence of the title descending to the said minors 
as the heirs and next of kin to the said James jun''; praying 
to have the said sums due for said supplies reimbursed and 
paid out of said estate <fcc., as by the petition on file : Re- 
solved l)y this Assembly, that Messrs. William Wolcott, Jon- 
athan Welles and Josiah Bissel, be and they are liereby appoint- 
ed a committee with full power to look into the several matters 
set forth in the petition, and make report of what they shall 
find with their opinion thereon to this Assembly in May next. 

Upon the petition of Lemuel Moffat and Huldah his wife of 
Durham, administrators on the estate of Abner Newton late of 



1766.] OF CONNECTICUT. 513 

said Durham, deceased, against William Monroe and Mary 
Monroe of Branford, surviving executors of the last will and 
testament of John Factor late of said Branford, deceased, rep- 
resenting to this Assembly that the said executors having 
recovered judgment against the petitioners as administrators 
as aforesaid at Newhaven county court in April, 1765, for the 
sums of £343 9^-. bd. debt, and X6 5.s. Qd. cost thereon, took 
out execution dated the 15th day of April, 1765, and after- 
wards, viz : on the 13th day of June, 1765, caused the same 
to be Icvyed on certain real estate of said deceased Abner, 
contrary to the law and the usage in this Colony, whereby the 
settlement of said estate is greatly impeded ; praying to have 
the doings on said execution vacated, as by the petition on file 
may more fully appear : Resolved by this Assembly, that all 
the proceedings upon said execution and the levy thereof on 
said lands as aforesaid be vacated and set aside, and the same 
is hereby vacated and declared to be null and void. 

[228] On the memorial of the President and Fellows of 
Yale College in Newhaven, shewing the necessity of sufficient 
funds to enable them to support the officers needful for the 
instruction, government and well-being of that society ; pray- 
ing for such aid and assistance as will enable them to support 
that important interest, so as to answer the true and great 
ends of its institution : a committee appointed to take the 
affairs into consideration <fec. have reported that they find the 
want of sufficient funds complained of is occasioned by the 
payment of considerable sums out of the college treasury to- 
wards building the chapel, finishing a house for a professor of 
divinity and for his support, also by the inability of the ten- 
ants, the great decrease of the number of students, and the 
withdraw of the usual annual grant from this Assembly ; that 
they are of opinion that it is necessary the college be furnished 
with the following officers, supported with the salaries to their 
offices severally annexed, viz : 

A President, at X150 per annum. 

A Professor of Divinity, 113 6 8 

A Senior Tutor, 65 1 4 

3 Junior Tutors, at X57 Is. 4i. each 171 4 
That the revenues of college are not sufficient therefor, and 
that there will be wanting to pay off the debts of the college 
and support it the current year, the sum of X159 12s. Oc^. 
which they recommend to be paid to said president and fel- 
lows out of the impost duty on rum collected by the naval offi- 
cers of the ports of New London and Newhaven : and further, 
that it be recommended to said president and fellows that their 
65 



614 PUBLIC RECORDS [October, 

laws be revised and printed in English as well as Latin, and 
one book of their laws lodged in the Secretary's office ; and 
that the government of said college be as near like parental, 
and as few pecuniary mulcts as the circumstances thereof will 
admit ; and that the steward in making up his quarter bills insert 
the punishments of each scholar with the offence for which the 
same was imposed, for the parents information; and that in 
order for the continual support of college their accounts be 
annually laid before the General Assembly of this Colony in 
the October sessions : 

Resolved by this Assembly, That the matters and things 
hereinbefore mentioned to be reported by said committee beJ 
accepted and approved, saving that there be but two junior 
tutors, and that the salary provided for the third, ^;^'2 ; £51 Is. 
4d. be deducted out of the said sum of <£169 12s. Od. And 
the naval officer of the port of Newhaven is hereby according- 
ly ordered to pay to the treasurer of said college the remain- 
ing sum, being X102 10s. 8d. out of said duty on rum, or so 
much thereof as he hath money arising thereon in his hands. 
And in case he, said naval officer, have not sufficient, the naval 
officer for the port of New London is ordered to pay the resi- 
due thereof to said treasurer, for the use and purposes afore-j 
said. 

Upon the petition of Cornelius Dowd, of Norfolk in the coun- 
ty of Litchfield, representing to this Assembly that in the] 
beginning of the year 1762, the petitioner had a large and just] 
debt of about three hundred pounds against one John Campj 
of said Norfolk, and that the said Camp being so indebted to^ 
the petitioner and also in large sums of money to several other 
persons, and that the said Camp also was then possessed of a 
large estate, both real and personal, sufficient to pay all his 
just debts, and that on or about the month of March, 1762, 
the said Camp conveyed all his estate, both real and personal, 
to Brotherton Seaward of said Norfolk, as trustee and agent 
to said Camp, for the use and benefit of said Camp's creditors, 
with power of attorney from said Camp to act &c., and that 
then said Camp absconded and left the petitioner unpaid, and 
that the petitioner has applied to the said Seaward for pay- 
ment of said Camp's debt to him, and said Seaward hath ut- 
terly refused &c., and that the petitioner hath brought his 
action against said Camp to Litchfield county court in Jan- 
uary, 1765, and obtained judgment for X246 Os. Od. lawful 
money, debt, and £1 Ss.ld. cost, and execution hath issued 
thereon, and by virtue thereof hath levyed on all the estate of 
said Camp that can be found, and the same hath disposed of as 



1766.] OP CONNECTICUT. 515 

the law directs, and there yet remains £197 4.9. 7d. lawful 
money unpaid on said execution &c., and that the body of the 
said Camp remains concealed, and that the petitioner has sun- 
dry other debts due to him from said Camp on note <fec., and 
that he really believes that he, the said Seaward, has concealed 
in his hands of the estate of said Camp sufficient to pay the peti- 
tioner's said debts due to him from said Camp &c. ; praying to 
this Assembly for an order of this Assembly that the said Sea- 
ward may disclose upon oath what estate of the said Camp he 
so concealed before this Assembly, and that he may receive 
the same in payment of his said debts, or that a committee 
may be appointed for that purpose, as per petition on file : 
Eesolved by this Assembly, that Josliua West, Nath' Hill 
and Joseph Piatt, Esq^^, bo and they are hereby appointed a 
committee to examine into and enquire after and hear the 
evidence relative to the estate of the said Camp concealed in 
the hands of said Seaward and all the matters and things rel- 
ative to the trust aforesaid, and to require of the said Seaward 
an account of the same on oath, and report what they shall 
find with their opinion thereupon to the General Assembly at 
their present sessions. 

[229] Upon the petition of Cornelius Dowde, of Norfolk in 
the county of Litchfield, against Brotherton Seaward of said 
Norlblk, representing that said Seaward received the estate of 
one John Camp in trust for the benefit of the creditors of said 
Camp, and that said Camp was indebted to said Dowde in a 
large sum, and that said Seaward kept the said Camp's estate 
concealed in his hands, whereupon a committee was appoint- 
ed, who have reported that said Seaward hath fully accounted 
to said Camp for all his estate in said Seaward's hands, which 
report is accepted : And thereupon it is resolved, that the 
said Dowde shall pay unto the said Seaward his cost, taxed at 
£4 8s. Od. ^Ux. granted October SOth, 1766. 

Upon the petition of William Robinson, of Killingly in 
Windham county, shewing to this Assembly that on the 16tli 
day of November, 1751, [he] hired of one Joseph Morey, of 
Smithfield in the county of Providence and Colony of Rhode 
Island, the sum of nine hundred pounds, old tenour bills of 
said Rhode Island, for the term or space of three years next 
after said 16tli of November, and for to secure the said Morey 
therefor he, said Robinson, gave to said Morey a deed of 
three pieces of land lying and being in said Killingly, as in 
said petition described, and that said Morey gave to said Rob- 
inson a bond for a large sum, conditio.ned that if said Rob- 
inson at or before the end of said three years should pay said 



516 PUBLIC RECORDS [Octobei*, 

money, then said Morey to release and reconvey said lands to 
said Robinson, and that said Robinson in the year 1752, paid 
to said Morey £588 5 4, part of said £900 ; that in the 
year 1755, said Morey sold and conveyed said lands to one 
Benjamin Joy of said Killingly, and that said Joy has since 
sold and conveyed said lands to divers persons and they now 
hold the same, as in said petition mentioned ; praying relief 
as by said petition on file : Resolved by this Assembly, that 
Jabez Fitch of Canterbury, Ebenezer Williams of Fomfret, 
and Robert Dixon of Voluntown, Esq^s, be a connnittee, and 
they are hereby appointed a committee, with full power to 
examine into all the matters in said petition set forth, with 
every matter and thing relative thereto, and report what they 
shall find therein, with their opinion thereon, to this Assembly 
at their sessions in May next. 

Upon the petition of Joseph Blachley of Guilford, against 
Thomas Wheedon of Branford, shewing to this Assembly 
that said Wheedon had four executions in his hands, as dep- 
uty-sheriff, to levy and collect about £11 6s. 4tZ. of said 
Blachley, granted against him in 1761, and that he had not 
personal estate to satisfie the same: to avoid imprisonment 
the said Wheedon required and said Blachley gave a lease to 
him of about one hundred acres of land situate in said Guil- 
ford for four years, by them valued at nine pounds per annum; 
that after the expiration of two years said Wheedon proposed 
to said Blachley to accept of £14 Os. Od. in lieu of the 
remaining term of said lease, and that said Blachley procured 
one Nathaniel Stephens to secure said sum to said Wheedon, 
by means whereof he had lost the use of said farm ever 
since, and yet subjected to pay about £8 13s. 8d. still in 
arrear on account of said executions of said Wheedon, on 
said executions ; praying for a committee to examine the 
matters referred to in said petition and report thereon tfec, 
as by said petition on file : Resolved by this Assembly, that 
John Hubbard, and John Whiting, Esq^s, and Mr, Thomas 
Howel, be and hereby are appointed a committee to enquire 
into the matters contained in said petition, and report their 
opinion in the premises to this Assembly in their present 
sessions. 

Upon the petition of Joseph Blachley, of Guilford in New- 
haven county, against Thomas Wheedon, of Branford in said 
county, representing that said Wheedon having executions 
against said Blachley as a deputy-sheriff, had by colour of 
his office exacted exorbitant sums for fees, as by the petition 
inay appear : whereupon a committee being appointed have 



1766.] OF CONNECTICUT. 517 

made report that nothing is due in law or equity from said 
Wheedon to said Blachley, which report is accepted : Re- 
solved by this Assembly, that said Wheedon shall recover liis 
cost against the said Blachley, allowed to be £2 10s. Sd. 
Ex. granted October 31si, 1766. 

Upon the memorial of Michael Humphrey and otliers, rep- 
resenting that a highway has been laid out by order of the 
General Assembly through the Green Woods, from near the 
house of Samuel Humphrey of Symsbuiy, deceased, towards 
Colo. David Whitney's in Canaan &c., and that provision 
hath been made by said Assembly for clearing said road and 
making it feasible for travelling, yet that by the fall of trees 
and the decay of bridges in said road tlie same is in great 
want of amendment and repairs, and that the towns of 
Barkhempstead, Winchester and Colebrook, through which 
said highway runs, not being incorporated, there are no per- 
sons whose business it is to keep said highway in repair ; 
praying this Assembly to make provision for repairing and 
kee[)ing in repair said road, as per memorial on file: Re- 
solved by this Assembly, that each of the said towns of Bark- 
hempstead, Winchester and Colebrook, shall within one 
month from the rising of this Assembly take effectual care 
to make said repairs and amendments in said highway within 
the limits of such towns respectively, as are of absolute ne- 
cessity in order to render said road feasible for travelling until 
[280] next spring ; || and that Messrs. i^eth Smith of New 
Hartford, Joseph Rockwell of Colebrook, and Ezekiel Wilcox 
of Norfolk, be and they are hereby appointed a committee to 
inspect and take care that said road be put into rei>air. And 
in case the proprietors in said towns, or either of them, shall 
neglect to make such amendments as are of necessity as 
aforesaid, within one month, then such amendments shall be 
made by said committee. And it is further resolved, that 
each of the said towns of Barkhempsted, Winchester and 
Colebrook, shall cause said highway within tlieir limits to be 
put in good and sufficient repair, suitable for travelling, by 
the first day of May next; and if they, or either of them, 
shall neglect to do it by said first day of May, it shall be done 
by said committee as soon as it can be done after that time. 
And also, whenever either of said towns shall at any time 
hereafter neglect to keep said highway in suitable and suffi- 
cient repair, the said committee shall cause such amendments 
and repairs to be made as are necessary; and so from time to 
time upon such neglect in any of said towns, until they shall 
be incorporated with town priviledges. And that said com- 



518 PUBLIC RECORDS [October, 

mittee shall witliin six months after they shall have been at 
any expence in amending and repairing said highway carry 
or send a copy of their accounts to the proprietors' clerli of 
each town in which such amendments and repairs were made, 
which accounts shall by said clerk be laid before the com- 
mittee of said proprietors, or if there be no committee before 
three of the principal proprietors of such town, and said 
clerk and committee, or the clerk and said three principal pro- 
prietors if there be no committee, shall and are hereby 
impowered to make and lay a rate or tax on the proprietors 
or owners of the land in such town, to raise a sufficient sum 
to pay off said accounts of the committee appointed by this 
act. And in case this committee appointed to inspect and 
keep said highway in repair shall not be paid for the labour 
and expence they are put to in repairing said highway, by the 
clerk and committee or the principal proprietors of the towns 
in which such repairs shall be made, within four months after 
their exhibiting their accounts as aforesaid, then it shall be 
lawful for them to sue such clerk and committee or principal 
proprietors in an action of book-debt, in which they shall 
recover for their labour and expence in repairing said high- 
way. Provided, that in case such accounts of said committee 
so lodged with the clerk &c. be by the respective proprietors 
thought extravagant, that the same be adjusted by the county 
court for the county of Hartford. 

Whereas upon the petition of Nathaniel Flynt of Windham, 
exhibited to this Assembly at their sessions in May last, rep- 
resenting that the proprietors of said Windham, by their 
committee by them appointed for that purpose, had bargained 
and sold certain lands to the petitioner with covenant of 
warranty &c. ; that the petitioner had sold a part of said 
lands to one John Badlake, who was afterwards evicted &c. ; 
that said proprietors or their said committee had no right or 
title to said lands at the time of executing their said deed, 
and the petitioner neither did nor could hold any of said 
lands by force of said deed executed to him &c. ; praying for 
relief &c., as per petition on file : Messrs. William Wolcott, 
Ebenezer Williams and Robert Dixon, Esq^^ were appointed 
a committte to repair to said Windham, examine into all 
matters contained in said petition and circumstances relating 
thereto, and of what they should find with their opinion to 
make report to this Assembly: And also, whereas said com- 
mittee have made their report to this Assembly at their 
present sessions that, pursuant to said appointment, they 
have repaired to said Windham, notified said parties, largely 



1766.] OF CONNECTICUT. 519 

lieard their evidences, pleas, allegations, (fee., examined into 
said matters and all circumstances relating thereto &c. ; that 
said connnittee by their said committee ])argaiiied and sold to 
the petitioner the said lands as mentioned in said petition, 
with covenant of warranty (fee. ; that said proprietors after- 
ward at their meeting voted to stand by and confirm the 
doings of their said committee in selling said land (fee; and 
upon consideration of the whole matter, that said proprietors 
ought in equity to pay unto the petitioner forty-two pounds, 
lawful money, damages, and his cost in this process against 
them by petition (fee, as per their report on file, which report 
is approved, and the same is hereby approved by this Assem- 
bly: And thereupon it is further resolved and enacted, that 
the said proprietors of the common and undivided land in 
said Windham pay and satisfie unto the petitioner the said sum 
of forty-four pounds, lawful money, damages, and his cost in 
this process against them, cost taxed at £18 6s. Od., and that 
execution go forth accordingly. Ux. granted Decern. 9th, 
1766. Alias ex. granted Feb. 12th, 1767. Alias ex. granted 
Mag 2Sth, 1767. 

Whereas upon the petition of Salmon Kingsly of Wind- 
ham, exhibited to this Assembly at their sessions in May last, 
representing that the proprietors of said Windham by their 
committee by them appointed for that purpose had bargained 
and sold certain lands to one Jacob Woodward, with covenant 
of warranty ; that said Woodward had bargained and sold 
the same lands to the petitioner with covenant of warranty, 
and that the petitioner had been evicted of said land (fee. ; 
praying for relief (fee, as per petition on file : said Assembly 
[231] II appointed William Wolcott, Ebenezer Williams and 
Robert Dixon, Esq", a committee to repair to said Windham 
and examine into all the matters in said petition contained 
and circumstances relating thereto, and make report of what 
they should find with their opinion to this Assembly ; and 
also whereas said committee have, pursuant thereto, made 
report to this Assembly, that they have repaired to said Wind- 
ham and examined into all tlie matters contained in said peti- 
tion, with all the evidences, circumstances (fee., and that they 
find said proprietors by tlieir said committee sold to said 
Jacob Woodward about eighty acres of said land, and that 
said Woodward sold the same to the petitioner, who has since 
been evicted, and that deeds contain covenants of warranty (fee, 
and that said proprietors afterwards voted to stand by and 
confirm the df»ings of their said committee in the sale of said 
lands (fee. ; and that upon the whole the said proprietors on 



620 PUBLIC RECORDS [October, 

their part in equity ought to pay unto the petitioner the sura 
of X47 8s. 4:d. lawful money, damages, and the cost of this 
process against them by petition <fec., as per their report on file, 
which report is approved, and this Assembly do hereby ap- 
prove and accept of said report : And thereupon it is further 
resolved by this Assembly, that the said Hezekiah Man- 
ning and the rest of the proprietors of the common and un- 
divided land in said Windham on their part pay and satisfie 
unto the petitioner the aforesaid sum of forty-seven pounds 
eight shillings and four pence, lawful money, and also his 
cost of this process by petition against them, cost taxed at 
£13 6s. Od., and that execution go forth accordingly. Ux. 
granted Decern. 9th, 1766. 

Upon the petition of Elizabeth Marshal, wife of Thomas 
Marshal of Torrington, shewing to this Assembly that the 
petitioner for some years last past hath lived separately from 
her said husband, owing to great and continual uneasiness be- 
tween them and cruelty exercised towards her on the part of 
said Thomas, and that at the time of their so separating it 
was agreed by and between the parties, that tlie said Thomas 
should allow and pay the sum of twenty-six shillings quarterly 
towards her maintenance and support, and to that end gave 
and executed a certain bond to Mr. John Whiting, of Tor- 
rington aforesaid, dated the 22d day of November, 1762, 
obliging him, said Thomas, to pay said sum : but that he hath 
not paid or answered more than five pounds three shillings of 
said sums ; praying to have said Thomas ordered and obliged 
to fulfil his said agreement with the petitioner, as by the peti- 
tion on file : Resolved by this Assembly, that the said Thomas 
Marshal do pay to the use and for the support of the said 
Elizabeth the sum of twenty-six shillings, lawful money, 
quarterly, according to the tenour of his said bond and agree- 
ment, and that execution be sued out by the said Mr. John 
Whiting of Torrington for the sum now arrear, viz: fourteen 
pounds six shillings for the time past, the last quarter ending 
the 22d day of August last past, and the cost of this prosecu- 
tion, taxed at £ , and that the said twenty-six shil- 
lings quarterly be duly paid to her until this Assembly shall 
otherwise order. 

Upon the petition of Thomas Elmor of Windsor, against 
Isaac Bid well of Farmington and Roswell Mills of said Wind- 
sor, representing to this Assembly that the said Isaac Bid- 
well having as deputy-sheriff executions against him for con- 
siderable sums took a deed of him of about twenty acres of 
meadow land in said Windsor, being of great value, per deed 



1766.] 



OF CONNECTICUT, 



521 



dated the 14th of July, 1763, as security for the payment of 
the sums then due on said executions, if anything, and fees 
for collecting, and that the said Bidwell afterwards sold and 
conveyed the said lands to said Mills, he, said Mills, having 
obtained the same for a small and inconsiderable sum, being 
privy to the state and circumstances under which the said 
Bfdwell held the said land and taking advantage thereby &c.; 
praying to have the said lands returned to him, the petitioner, 
upon his paying the arrears of said execution and fees, if any 
thing shall be found due thereon, taking into account what 
advantages have been received by the improvement of the 
said land etc., as hy the petition on file : Resolved by this 
Assembly, that John Chester, Zebulon West and Wm. Pitkin 
jun'', Esqi's, be and they are hereby appointed a committee with 
full power to enquire into the several matters alledged and set 
forth in said petition and make report of what they shall find 
with their opinion thereon to this Assembly in May next ; and 
that the petitioner give good and sufficient bond with sureties 
in due form to the petitionees for the security of their costs 
that they may recover on this petition. 

On the petition of Oswel Eve of Philadelphia, vs. Andrew 
Burr of Newhaven, shewing to this Assembly that the hon- 
orable superior court at said Newhaven in August term last 
dismissed his action of book-debt against said Burr commenced 
in November, 1764 ; complaining and alledging that said 
court therein manifestly erred and mistook the law ; praying 
for a reversal thereof and a review of said case, as per his 
petition on file at large appears : Resolved by this Assembly, 
that in the said judgment there is manifest error, and the 
same is hereby reversed and set aside ; and liberty is hereby 
granted unto the petitioner of a review of said case at the 
superior court to be held in said Newhaven on the last Tues- 
day of February next. 

[232] The Sums Total of the Lists of the PoUs and Rateable Estate of 

the Inhabitants of the several Towns hereafter mentioned sent 

in to this Assembly are as follow, viz : 

' -- ■ £22814 15s. Od. 



Hartford, £88720 lis. Sc^.Preston, 

Windsor, 44806 17 Fairfield, 

Weathersfield, 30663 17 1 

Midletown, 57225 8 

Farmington, 53323 8 5 

Symsbury, 25272 18 

Haddam, 14379 9 8 

East Haddam, 23657 12 

Colchester, 28168 18 

Hebron, 21251 2 

66 



62326 18 11 

Stratford, 47030 

Norwalk, 39927 15 3 

Stamford, 31148 3 8 

Greenwich, 19612 16 7 

Danbury, 23924 3 4 

Newtown, 19410 7 

Ridgefield, 16165 10 1 

New Fairfield, 10541 18 9 



522 



PUBLIC RECORDS 



[October, 



Windham, 

Lebanon, 

Plainfield, 

Canterbury, 

Mansfield, 

Coventry, 

Pomfret, 

Killingly, 

Ashford, 
2| Voluntown, 

Woodstock, 

Litchfield, 

Wood berry, 

New Milford, 

Harwinton, 
7i New Hartford, 

Canaan, 

Salisbury, 

Kent, 

Sharon, 

Cornwall, 

Goshen, 

Torrington, 

Upon the petition of Edward Hallick,of Newborough in the 
Province of New York, against Samuel Hall 3d of Walling- 
ford, and David Jones, Esq"", of Neck on Long Island, 

shewing to this Assembly that in settling and endorsing on a 
certain execution in favour of the petitioner against the said 
Hall on judgment of Newhaven county court in April, 1768, 
in which the said Jones was interested, a mistake was made 
to the petitioner's disadvantage ; praying to have the same 
rectified and tlie sums justly due to the petitioner secured to 
him and paid in manner and form as in said petition particu- 
larly set forth, as by the petition on file may appear : Re- 
solved by this Assembly, that Daniel Lyman, Esq"", and Messrs. 
Samuel Bisliop jun"" and Benjamin Douglass be and they are 
hereby appointed a committee with full power to look into the 
several matters alledged and set forth in this petition, and 
make report of what they shall find with their opinion there- 
on to this Assembly in May next. 

Upon the memorial of Thomas Tousey, of Woodberry in the 
county of Litchfield, and Donald Grant, of Newtown in the 
county of Fairfield, shewing to this Assembly that the memo- 
rialists in the year 1764, projected a scheme for the building 
a bridge over Stratford River at a place between said New- 



Glastonbury, 
Bolton, 


14800 

8923 



17 






Stafford, 


8225 


10 





Tolland, 


11799 


3 





Sufheld, 


18206 


10 





Enfield, 


10967 


3 





Sommers, 


6842 


5 





Wellington, 


6845 


10 


6 


New Haven, 


57334 


16 


6 


Milford, 


26299 


16 


2i 


Guilford, 


33971 


2 


11 


Branford, 


23523 


13 


1 


Wallingford, 


46256 


6 


4i 


Derby, 

Waterbury, 

Durham, 


15210 

27959 
10998 


18 
17 
13 


5 
3 

7i 


New London, 


34558 


8 


9 


Norwich, 


61556 


9 


8 


Saybrook, 
Stonington, 


23880 
35579 


16 
15 



5 


Lyme, 
Killingworth, 


21145 
17950 


12 
10 


7 
7 


Groton. 


22768 


16 


1 



28229 12 


9 


38282 3 





12000 10 





19103 7 


2 


18486 18 


4 


20259 5 


6 


22852 17 





23711 7 





13358 8 


8 


11091 17 





18000 





16407 9 





45953 9 


10 


21314 13 


5 


5716 





6166 5 





11646 13 





12930 6 





14578 





13667 5 


6 


6027 7 





9749 10 





4959 1 






1766.] OF CONNECTICUT. 523 

town and Woodberry aforesaid called Ilinman's Ferry, and 
have since effected said scheme, and have finished a good 
bridge at said place, and have expended the sura of ninety 
pounds and ten shillings, lawful money, of their own estate 
over and above all subscriptions towards said bridge, which 
bridge is of great advantage to the public to travel on the road 
from said Newtown to Woodberry ; praying this Assembly to 
decree a certain toll, exclusive of those who have subscribed, 
to be paid unto them by the travellers that pass over said 
bridge, in order to pay unto the memorialists their aforesaid 
expence &c., as per memorial on file : Resolved by this As- 
sembly, that the memorialists have liberty and they are here- 
by fully impowe red, to require and receive a toll of all the 
travellers who are not subscribers towards said bridge that pass 
over the said bridge &c., viz: for every horse and rider for 
[233] passing || over said bridge a toll of two pence ; for 
every foot man, one jienny half-penny ; for every cart and 
team, six pence : for every horse or neat beast, one penny, 
and for every sheep and swine one half-penny, and for every 
wheel-carriage with passengers, four pence ; and the memori- 
alists have liberty to have and receive and improve the afore- 
said toll of the travellers that use the aforesaid bridge during 
the pleasure of tliis Assembly. 

Upon the petition of Josiah Mead of Greenwich, against 
John Marshal of the same Greenwich and William Bush, 
Amos Mead and Ruth his wife of said Greenwich, children 
and heirs of Justus Bush late of said Greenwich, deceased, 
representing to this Assembly that the said John Marslial in 
concert with the said Justus Bush in his lifetime instituted a 
suit and obtained judgment before Fairfield county court in 
April, 1750, on a certain bond of indemnification against John 
Marshal late of said Greenwich, deceased, then absent at sea 
and never since heard of, which judgment being for a large 
sum, viz : the whole amount of the penal part of said bond, 
was afterwards, viz : in January, 1752, inl'orced and execu- 
tion levied upon the whole of said John's part, viz : the one 
moiety of about thirty acres of land in said Greenwich called 
How's lot. Gale land, and Elisha lot, and the same land after- 
wards by the said John Marshal conveyed and made over to 
the said Justus Bush, and from him derived down to the peti- 
tionees ; further shewing, that the said Josiah ]\tead by the 
said John's last will and testament became intituled to the one 
half of his, said John's, part and proportion of said about thir- 
ty acres of land ; alledging that the said John's said land hath 
been taken from him in manner aforesaid without any good 



624 PUBLIC RECORDS [October, 

and just cause or consideration, the said bond on which said 
judgment was founded having never been forfeited, and the 
party sued, viz : said John, not in a condition to appear and 
make any defence in said cause ; praying to have said judg- 
ment of said county court and doings upon said execution 
vacated and set aside, as by the petition on file : Resolved 
by this Assembly, that Abraham Davenport, David Rowland 
and David Burr, Esq'"% be and they are hereby appointed a 
committee and impowered to enquire into and consider 
of the matters alledged and complained of in the petition, and 
make report of what they shall find with tlieir opinion there- 
on to this Assembly at their sessions in May next. 

Upon the petition of Adam, an Indian, one of the natives 
and descendants of the New Haven or Quinepiaug Indians, in 
behalf of himself and the rest of said tribe, representing to 
this Assembly that by the ancient transactions of the propri- 
etors of said Newhaven there was reserved for the use of said 
tribe three pieces of land at or near South End, so called, in 
said Newhaven, the whole containing about thirty acres, which 
lands John Morris late of said Newhaven, deceased, by a cer- 
tain instrument under his hand and seal, dated 26th day of 
April, 17-11, for himself, his heirs &c., covenanted with tbe 
said proprietors in behalf of said tribe to keep in proper con- 
dition and fenced for the use of said tribe for planting ; that 
said Morris afterwards conveyed away said lands absolutely, 
and the same by mean conveyances have come to Timothy 
Tuttle jun"" and Joseph Tuttle of said Newhaven, who having 
entered upon said land so reserved for said tribe refuse to 
suffer any of them to make any improvement thereof; praying 
for relief, as per petition on file ; also praying to have some 
suitable person appointed agent to conduct the said Indianis' 
said aft'air for them: Resolved by this Assembly, that Na- 
thaniel Ruggles and Nathaniel Hill, Esq''^ of Guilford, and 
Samuel Barker, Esq"", of Branford, be and they are hereby ap- 
pointed a committee to hear and take into consideration all 
the matters contained in and referred to in said petition, and 
make report thereof with their opinion thereon to this or the 
next General Assembly at their sessions at Hartford in May 
next; and also, that Mr, Samuel Bishop jun"", of said Newha- 
ven, be and he is hereby appointed agent for said Indians, to 
manage and conduct for them in their behalf. 

Whereas Hezekiah Huntington and Jabez Huntington, 
Esq''^, were by this Assembly at their sessions in May last ap- 
pointed a committee to repair to the town of Groton, enquire 
Into the condition and circumstances of the Indians residing 



1766.] OF CONNECTICUT. 625 

there, and report to this Assembly with their opinion tlicreon ; 
and whereas the aforesaid committee have reporte^i to tliis 
Assembly that many of said Indians are poor and needy, and 
sundry of theiii widows who have lost their husbands in the 
late war t^'C, and that said Indians appeared disposed to attend 
preaching and to send their children to school, but that the 
parents of said Indian children seemed at present unable to 
[234] provide decent cloathing || for said children to attend 
the school there ; that they ap{)iehended some further assist- 
tance was necessary, and that it was reasonable some further 
allowance should be made to the Reverend Mr. Johnson and 
to the schoolmaster there, for their respective services done 
and to be done for said Indians, &c., as per report on file : It 
is thereupon resolved by this Assembly, that the sum of twen- 
ty pounds be paid out of the public treasury of this Colony, 
and put into the hands of the aforesaid Hezekiah Huntington 
and Jabez Huntington, Esq""^, who are hereby appointed a com- 
mittee to advise and direct said Indians in the conduct and 
management of their affairs, and are instructed to apply said 
monies so by them to be received according to their best dis- 
cretion, in procuring cloathing and some raw materials to be 
wrought up by said Indians for cloathing for the benefit of such 
of said poor children whose parents are unable to provide neces- 
sary cloathing for their said children to attend said school, all 
to be distributed to and among said poor children for the 
purpose aforesaid. It is also further resolved by this Assembly, 
that there be paid out of the public treasury of this Colony to 
the Reverend Mr. Jacob Johnson the sum of five pounds, lawful 
money, for his service in preaching to and among said Indians 
the year ensuing. And it is also further resolved by this As- 
sembly, that there be paid out of the public treasury of this 
Colony the sum of four pounds to Mr. Hugh Sweetingham,for 
his service in teaching tiie school for said Indians the year 
ensuing : such allowance for preaching and teaching said 
school to be as a further encouragement and in addition to the 
allowance already made to them respectively by tlie Commis- 
sioners for Indian Affairs at Boston. And that a copy of this 
resolve shall be a sufficient warrant to the Treasurer of this 
Colony to pay the respective sums herein mentioned accord- 
ingly. 

Whereas upon the memorial of Aaron Skinner and others, 
proprietors and principal inhabitants of the town of Colchester, 
praying to this Assembly that the line between the said towns 
of Colchester and Hebron might be settled and ascertained, 
Zebulon West. Hezekiah Brainerd, Esq'^% and Mr. Isaac Tracy 



520 PUBLIC RECORDS [Octol)cr, 

were by this Assembly at their sessions in May last appointed a 
committee with full power to examine into the whole matter and 
circumstances of the said dividentline between the said towns 
of Colchester and Hebron, and make report of what they 
should find in the premises with their opinion &c. to this As- 
seml)1y ; which committee according to their said appointment, 
on the 22d day of September, 1766, met the said parties at said 
Colchester, and after due notice given and the parties being 
fully lieard on the premises made their report to this Assem- 
bly, that the divident line between the towns of Colchester and 
Hebron shall be and remain as settled in the year 1715, viz : 
from the place wdiere the brook which runneth out of the north 
meadow, so called, emptieth into Jeremiah's River, and from 
thence the said brook to be the bounds to the place where the 
same runneth ont of said meadow ; and from thence a line 
east to two stakes and heap of stones about them on a plain 
piece of land, which stakes and heap of stones stand south and 
by west from the southermost part of said pond ; and from 
said stakes to run north and by east to a black-oak tree mark- 
ed and stones about it, the northeast corner of Colchester 
township, as by said report will appear, which report is by 
this Assembly accepted and approved: Resolved by this As- 
sembly, that the said line divident between said towns of Col- 
chester and Hebron, said to be settled in the year 1715, and 
in said report described and in this bill with the bounds there- 
of mentioned, shall be and forever rem.ain to be the dividing 
line between said towns of Colchester and Hebron. 

Upon the memorial of John Quiomps, Amos Miller, Moses 
Quiomps, Simon Succients, Jacob Saious, Jonatlian Noekey, 
Peter Pawkeag, and Ben Simons, Pequot Indians living in 
Stonington in the county of New London, in the behalf of 
themselves and tlie rest of said Pequots, shewing to this 
Assembly that Ebenezer Backus, Esqf, of Norwich, and Lieut. 
Israel Heuit junf were by this Assembly appointed their 
overseers, which said Ebenezer Backus by reason of indispo- 
sition of body and his living so great a distance from them 
that nothing hath been done by said overseers for the settle- 
ment of their atfairs, and praying that Mr. Charles Phelps of 
said Stonington might be appointed in the stead of said 
Backus, as per memorial on file : Resolved by this Assembly, 
that the said Charles Phelps be appointed and he is hereby 
appointed an overseer of said Indians, in the room and stead 
of said Ebenezer Backus, Esq"", to take the oversight of said 
Indians and their estates in conjunction with the said Israel 
Huet jun^ 



1766.] OF CONNECTICUT. 527 

Upon the memorial of Abel Buel, of Killingworth in the 
county of New London, representing to this Assembly that 
lie had been convicted, before the lionorablc snficrior court 
holden at Norwich in and for the county of New London, of 
being guilty of altering the bills of public credit of this Colony 
and justly suffered the pains and penalties by law enjoined 
agreeable to tlie sentence of said court, and that from a compas- 
sionate regard and pity on his youthful follies, this Assenil)ly 
did enlarge him from his prison and suffer him to follow the 
lawful business of his calling, in the prosecuting of which he 
[235] has discovered a method of grinding and polishing || 
chrystals and other stones of great value, all of the urowth 
of this Colony, without the aid and assistance of any person 
skilled in that art, by which discovery a great saving and 
advantage will accrue to this Colony; praying that in conse- 
quence of such discovery he might be released from the })un- 
ishments by law enjoyned, and that he might be restored to 
those liberties and priviledges which he had justly forfeited : 
Resolved by this Assembly, that the memorialist be restored 
to all those liberties and priviledges by him forfeited, he first 
giving bond with sufficient sureties to the Treasurer of this 
Colony in the penal sum of two hundred pounds, lawful 
money, that he be of peaceable and good behaviour, and that 
he will not offend in like manner against the laws of this 
Colony in that case made and provided; and that Benjamin 
Gale, Esqs of Killingvvorth, be directed, and he is herel)y 
fully impowered, to take said bond and lodge the same in the 
Secretary's office. 

Upon the memorial of Charles Ward Apthorp, of the City 
and Province of New York, shewing to this Assembly that 
he had purchased of Henry Downing of Boston a certain 
tract of land lying in Waterbury in this Colony, containing 
two hundred acres, bounded as in the memorial is set forth, 
per deed of mortgage or as for collateral security first made 
to said Deering l)y John Gould jun"", late of Boston aforesaid 
now supposed to be deceased, bearing date the 30th day of 
July, 1764, and afterwards by the said Deering assigned over 
to the memorialist ; further shewing, that said deed from 
said Gould to said Deering was omitted to be acknowledged 
by the said Gould by accident and mistake ; praying to have 
liberty to record the same, and that the same may be good 
evidence <fec., as by the memorial on file : Resolved by this 
Assembly, that the memorialist have liberty to record the 
said deed in the town records of Waterbury, and the same so 
being recorded shall (or office copies thereof) be as good 



528 PUBLIC RECORDS [October, 

evidence to all intents and purposes for the holding the title 
to said lands as if the same was and had been acknowledged 
by the said John Gould 3un^ 

Upon the memorial of Israel Curtiss of Stratford, and 
others, representing to this Assembly that at great cost and 
expence they have cleared a place in Stratford River for 
drawing a seine for catching fish, and praying for a grant to 
themselves of said place for fishing, as by their memorial on 
file appears: Resolved by tliis Assembly, that the memorial- 
ists, viz : Israel Curtiss, Ephraim Wilcoxson, Samuel Wilcox- 
son, A])raham Beardslee, George Lewis, William Wilcoxson, 
Joseph Wilcoxson, Abijah Thompson, Eli Lewis, James Lewis, 
Nathan Lewiss, William Thomson, David Curtiss, James Jud- 
son, John Booth, and Edmond Curtiss, have the priviledge and 
the whole and sole liberty, right and priviledge, of fishing in 
the hole and deep water lying in said river between the two 
channels, the one near Milford side, and the other near Strat- 
ford shore, bounded as follows : beginning on the south upon 
a line drawn direct west from a point on Milford shore twenty 
rods north of a piece of meadow called Ford's Hole, east on the 
channel of said river running near Milford side, and west on 
the channel running near Stratford side or shore, and running 
and extending the whole breadth between said channels north- 
ward one hundred rods is hereby given and granted to said 
memorialists, their heirs, successors and assigns, during the 
pleasure of this Assembly and till this Assembly shall order 
other ways. And said priviledge is granted to the memorial- 
ists exclusive of every other person, but only in case the 
grantees shall neglect to use said priviledge for the space of 
three days at once, that then any other person may use said 
place for fishing till the grantees shall resume the fishing 
there again. 

Upon the memorial of William Orcut jun"", of Stafford in 
Hartford county, representing to this Assembly that he hath 
lately built a house at or near the mineral spring in said Staf- 
ford, and into said house hath moved with his family and there 
dwells, and that the multitudes of people resorting to said 
spring for relief occasions him to deliver out spirituous liq- 
uors by small quantities, and that he hath not nor can he by 
law at any time obtain any lycence therefor ; praying this 
Assembly to grant him lycence &c. : Resolved by this 
Assembly, that the said William Orcut jun"" have lycence and 
lycence is hereby granted to him, to keep a house of public 
entertainment at and in said house, with the same priviledges 
and under the same regulations as other houses of entertain- 



1766.] OP CONNECTICUT. 629 

ment are in this Colony, till the first day of May next: pro- 
vided that the said William Orcut give bond to the treasurer 
of the county of Hartford to observe the laws &c. as others 
keeping houses of entertainment in said county are obliged 
to do, which bond any Assistant or justice of the peace liv- 
ing in said county are authorized, inabled and directed to 
take. 

Upon the memorial of Stephen Hopkins of Hartford, 
administrator on the estate of Thomas Hopkins late of said 
Hartford, deceased, representing that the debts and charges 
due from said estate do exceed the moveable part thereof the 
sum of Xll 6 11, lawful money; praying for liberty to make 
sale of so much of the real estate of said deceased as will be 
sufficient to pay and discharge the sum aforesaid : Resolved 
by this Assembly, that the memorialist have liberty, and 
liberty and authority is hereby granted unto the memorialist, 
to make sale of so much of the real estate of said deceased 
as shall be sufficient to procure the aforesaid sum of <£11 6 
11, lawful money, with the incident charges of sale ; taking 
the direction of the court of probate for the district of Hart- 
ford therein. 

[236] Upon the memorial of Solomon Barns of Midletown, 
conaervator of the person and estate of Thomas Barns of 
Midletown, shewing to this Assembly that said Thomas Barns 
about two years and six months since fell into distraction and 
attempted to make an end of his life, and remains under dis- 
traction to this time, and that he is advanced in years and his 
estate has been at great expence for his support, and that the 
memorialist had exhibited his account of his conservatorship 
to [the] adjourned county court held at Hartford third Tues- 
day of June last, of debts and credits of the said Thomas, 
and settled with said court, and was allowed due to balance 
the sum of .£121 5s. Oc?., and that the moveable estate was 
almost expended ; praying for some suitable person or per- 
sons to be appointed to sell so much of the real estate of the 
said Thomas Barns as to make said sum of £121 5s. Od. 
with the incident charges thereon arising, as per memorial 
on file: Resolved by this Assembly, that the memorialist 
with Seth Wetmore, Esq"", be and they are hereby impowered 
to sell so much of the real estate of the said Thomas Barns 
as to make said sum of £121 5s. Od. and the incident 
charges thereon arising, to pay the debts of the said Thomas. 

Upon the memorial of Nehemiah Knap and Anne More- 
house, executors of the last will and testament of Andrew 
Morehouse late of Fairfield, deceased, shewing to this Assem- 
67 



580 PUBLIC RECORDS [Octobcr, 

bly that the debts, charges and allowance to the widow, al- 
lowed in the court of probate for the district of Fairfield out 
of and against the estate of said deceased, surmount the in- 
ventoried moveable estate of said deceased the sum of £60 
18s. Ifc?. lawful money, and praying for liberty to sell so 
much of the real estate of said deceased as will be sufificient 
to raise said sum with incident charges &c., as per memorial 
on file : Resolved by this Assembly, that the memorialists 
have liberty, and they are hereby authorized and impowered, 
to sell so much of the real estate of said deceased Andrew 
Morehouse as will be sufficient to raise said sum of £60 18s. 
l|(i. with the incident charges arising on such sale ; taking 
the direction of the court of probate in the district of Fair- 
field therein. 

Upon the memorial of Hannah Franklin, of Greenwich in 
the county of Fairfield, the only acting executrix of the last 
will and testament of Thomas Franklin late of said Green- 
wich, deceased, shewing to this Assembly that the said 
Thomas Franklin did in and by his said will make the said 
Hannah Franklin together with John Griffen and Uriah Fields 
executors of said will, and therein gave to the said Hannah 
all his moveable estate and a certain part of his real estate, 
and ordered the said Hannah to pay a certain legacy out of 
the same, which bequests and devises were given to the said 
Hannah in lieu of her dower if she chose to accept of the same, 
and if not then the said deceased ordeied the same real 
estate to be sold to pay his debts, and that the said Hannah 
Franklin refused to accept of the same in lieu of dower, and 
that upon the other two executors i^efusing to accept of said 
trust, she sold the said real estate ordered in said will to be 
sold, and that the debts and charges with some allowance to 
the widow allowed by the court of probate against said estate 
surmount the moveable inventoried estate of the said deceased 
and the avails of the sale of the real estate ordered to be sold 
the sum of X139 8s. 8d. lawful money, and that there is no 
further provision in said will for the sale of any other real 
estate of the deceased than has been already sold, and therein 
praying for liberty and authority to sell and dispose of so 
much of the real estate of the said deceased as shall be suffi- 
cient to pay and discharge the said sum of £139 8s. 8d., as 
per memorial on file : Resolved by this Assenjbly, that the 
said Hannah Franklin have liberty and authority, and liberty 
and authority is hereby granted unto her, to sell and dispose 
of so much of the real estate of the said deceased as shall be 
sufficient to pay and discharge the said sum of £130 8s. 8d. 



1766.] OP CONNECTICUT. 531 

together with tlie incident charges arising on the sale thereof; 
taking the directions of the court of probate in the district 
of Stamford therein. 

Upon the memorial of Hezekiah Talcott of Durham, ad- 
ministrator on the estate of Mr. John Talcott late of Dur- 
ham, deceased, shewing to this Assembly that the debts and 
charges due from said estate surmount the moveable part 
thereof the sum of X118 \^s. Sd. money, therefore praying 
for liberty to sell real estate &c. : Resolved by this Assem- 
bly, that the memorialist have liberty, and liberty is hereby 
granted to the memorialist, to sell so much of the real estate 
of said deceased as will procure the aforesaid sum of £118 
9s. od. lawful money, together with the incident charges aris- 
ing on such sale ; taking tiie direction of the court of probate 
for the district of Midletown therein. 

Upon the memo rial of Lucy Wakely and Asa Wakely of 
Haddam, administrators on the estate of Simeon Wakely late 
of Haddam, deceased, shewing to this Assembly that, through 
a mistake in the certificate of the clerk of the court of pro- 
bate for the district of Midletown, they had liberty from this 
Assembly in October last to sell land to the amount of £54 
13s. 6d. and no more, which was in fact <£22 Os. 8d. less 
[23TJ II than it ought to have been ; also shewing that on the 
6th of October instant he exhibited a further account of debts 
due from said estate, amounting to the sum of X12 4s. S^d. 
which account was accepted by said court ; thereupon praying 
for liberty to sell so much more of the real estate of said de- 
ceased as will procure said sums of £22 Qs. 8d. and <£12 4s. 
SM', making in the whole the sum of £34 5s. 4ic?. : Re- 
solved by this Assembly, tliat the memorialists have lib 
erty and they are hereby authorized and impowered, to sell so 
much more of the real estate of said deceased as will procure 
the aforesaid sura of £34 5s. 4:d. 2q. lawful money, together 
with the incident charges arising on such sale ; taking the 
direction of the court of probate for the district of Midle- 
town therein. 

Upon the memorial of Susanna Gross of Hartford, admin- 
istratrix on the estate of Freeman Gross of said Hartford, 
formerly deceased, representing that the debts and charges 
due from said estate do surmount the moveable part thereof 
the sum of £22 3s. 10<i. lawful money ; praying for liberty 
to make sale of so much of the real estate &c. : Resolved 
by this Assembly, that the memorialist have liberty, and lib- 
erty and authority is hereby granted unto the memorialist, to 
make sale of so much of the real estate of said deceased as 



532 PUBLIC RECORDS [Octobcr, 

shall procure the aforesaid sum of £22 3s. 10^. lawful money, 
with the incident cliarges of said sale ; taking the direction 
of the court of probate for the district of Hartford therein. 

Upon the memorial of Peter Hurlburt, executor of tlic last 
will and testament of John Buck late of Weathersfield, de- 
ceased, shewing to this Assembly that the debts and charges 
due from the estate of said deceased for which no certificate 
has heretofore been made surmount the moveable estate of 
said deceased the sum of <£29 12s. 8|cZ. lawful money; pray- 
ing for liberty to sell so much of the real estate of said de- 
ceased as will raise said sum &c., as per memorial on file : 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted to said memoiial- 
ist, to make sale of so much of the real estate of said de- 
ceased as will raise said sum of <£29 12s. 8|cZ. lawful money, 
with the incident charges arising thereon ; taking direction 
of the court of probate for the district of Hartford therein. 

Upon the memorial of Luther and Eli Shepard, executors 
to the last will and testament of Joseph Shepard, late of 
Hartford in the county and district of Hartford, deceased, 
praying for liberty to sell real estate of the said deceased to 
the amount of £28 17s. 7c?. for the payment of the debts due 
from said estate with incident charges of sale &c., as per said 
memorial on file : Resolved by this Assembly, that the said 
memorialists have liberty, and liberty is hereby granted to the 
said memorialists, to sell so much of the real estate of the 
said deceased as will raise said sum of £28 17 7, lawful 
money, with incident charge of sale ; taking the advice of the 
court of probate in the district of Hartford therein. 

Upon the memorial of Joseph Carter, administrator of the 
estate of Robert Carter late of Say brook, deceased, shewing 
to this Assembly that the debts and charges allowed in the 
court of probate for the district of Guilford against the estate 
of said deceased surmount the inventoried moveable estate of 
said deceased the sum of X13 9 3, lawful money, and pray- 
ing for liberty to sell so much of the real estate of said de- 
ceased as will be sufficient to raise said sum with incident 
charges &c., as per memorial on file : Resolved by this As- 
sembly, that the memorialist bave liberty and he is hereby 
fully authorized and impowered, to sell so much of the real 
estate of said deceased as will be sufficient to raise said sum 
of £13 9 3, lawful money, with the incident charges arising 
on such sale ; taking the direction of the court of probate in 
the district of Guilford therein. 



1766.] OP CONNECTICUT. 533 

Upon the memorial of Joseph Tracey of Norwich, admin- 
istrator on the estate of John Jones late of Norwich, deceased, 
shewing that debts, funeral charges and charges of adminis- 
tration, surmount the personal estate of said deceased the 
sum of X30 195. 5 ic?. lawful money ; praying liberty to sell 
so much of the real estate of said deceased as to raise the 
same with incident charges of sale, as per memorial on file : 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted to the memoria- 
list, to make sale of so much of the real estate of said de- 
ceased as to raise said sum of X30 19s. 4^fZ. lawful money, 
together with incident charges of sale ; taking the advice of 
the court of probate for the district of Norwich therein. 

Upon the memorial of Lois Belding, executrix of the last 
will and testament of Mr. Joseph Belding late of Weatliersfield, 
deceased, shewing to this Assembly that the debts and charges 
due from said estate surmount the moveable estate of said 
deceased the sumof X178 7s. 8|c?. lawful money, for which no 
certificate has heretofore been given ; praying for liberty to 
sell so much of the real estate of said deceased as will raise 
said sum of X178 7s. 8fc?., as per memorial &c. : Resolved 
by this Assembly, that the memorialist and Jonathan Belding, 
Esq', of said Weatliersfield, have liberty, and liberty and 
authority is hereby granted to said Jonathan Belding and said 
memorialist, to make sale of so much of the real estate of said 
deceased as will raise said sum of X1T8 7s. S^d. lawful mon- 
ey, with incident charges arising thereon ; taking direction of 
the court of probate for the district of Hartford therein. 

[238] Upon the memorial of Paul Wheeler, of Stonington 
in the county of New London, shewing to this Assembly that 
the honored county court held at New London in and for 
said county on the 2d Tuesday of June, 1766, appointed the 
said Wheeler conserv ator over one John Wyat of said Stoning- 
ton, an impotent person, and that he hath expended for sup- 
port of the said Wyat the sum of X33 10s. Sd. as allowed by 
the county court held at Newlondon on the 10th day of June, 
1766, and praying for liberty to sell so much of the real estate 
of the said Wyat as will raise said sum with incident 
charges arising on such sale, as per memorial on file : 
Resolved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby given to the memorialist, 
to sell so much of the real estate of the said Wyat as will raise 
the sum of £33 10 3 with the incident charges arising on such 
sale. 

Upon the memorial of Jonathan Stm-ges of Fairfield, exec- 



634 PUBLIC RECORDS [October, 

utor of the last will and testament of Samuel Sturges late of 
Fairfield, deceased, representing to tins Assembly that the 
debts due from tlie estate of said deceased and allowed by the 
court of probate for the district of Fairfield, with an allowance | 
of necessaries for the widow of said deceased, surmount the 
moveable estate of said deceased the sum of X120 2 2, lawful 
money ; praying for liberty to sell so much of tlie real estate 
of said deceased as shall be sufficient to pay and satisfie said 
sum with the incident charges arising thereon, as per memo- 
rial on file : Resolved by this Assembly, that the memorial- 
ist have liberty, and liberty and authority is hereby granted 
to him, to make sale of so much of the real estate of said 
deceased as will be sufficient to pay said sum of X120 2s. 2d. 
lawful money, with the incident charges arising thereon ; tak- 
ing the directions of the court of probate for the district of 
Fairfield therein. 

Upon the memorial of John Read of Fairfield, administra- 
tor on the estate of Ruth Hun late of said Fairfield, deceased, 
representing to this Assembly that the debts due from the 
estate of said deceased and allowed by the court of probate for 
the district of Fairfield surmount the moveable estate of said 
deceased the sum of .£353 19s. 8ld: lawful money; praying 
for liberty to sell so much of the real estate of said deceased 
as shall be sufficient to pay and satisfie said sum with the inci- 
dent charges arising thereon, as per memorial on file: Re- 
solved by this Assembly, that the memorialist have liberty, 
and liberty and authority is hereby granted to him, to make 
sale of so much of the real estate of said deceased as shall be 
sufficient to pay said sum of X353 19s. 3Jc?. lawful money, 
with the incident charges arising thereon ; taking the direc- 
tions of the court of probate for the district of Fairfield 
therein. 

Upon the memorial of Isaac Nichols and George Lewis, 
both of Stratford in Fairfield county, administrators with the 
will annexed on the estate of James Lewis late of said Strat- 
ford, deceased, representing that the said James by his last 
will and testament devised all his lands and meadows (except 
a small piece of meadow in said will given to his son David 
Lewis) to his two sons John Lewis and James Lewis, their 
heirs and assigns, and to his daughters Mary and Abigail all 
his moveable estate, and of his said will appointed his two sons 
John and James executors, and thereby also ordered and di- 
rected the said John and James to pay and satisfiie all his just 
debts and funeral charges out of their portions in said will so 
devised to them as aforesaid ; that said James the younger 



1706.] OF CONNECTICUT. 535 

died ill the life time of the said testator, and said John hath 
renounced the executorship of said will and refused to accept 
said lands and pay said debts, which amount to the sum of 
£157 18s. 10c?. : piaying that the same may be paid out of 
the said fund so api)ropriated by the testator as aforesaid, in 
ease of his personal estate so devised to his daughters, and 
that the memorialists may be appointed, authorized and impow- 
ered, to sell and convey the lands aforesaid, or so much as may 
be sufficient for that purpose &g., as per memorial on file : 
Resolved by this Assembly, that the said memorialists have 
liberty and power, and they are hereby authorized, directed 
and impowered, to sell and convey the said lands so in said 
will devised to the said John Lewis and James Lewis the 
younger for payment of the debts of the said deceased, or so 
much of them as may be sufficient to raise the said sum of 
.£157 18s. lOd. lawful money, together with the incident 
charges of such sale ; taking the advice of the court of probate 
for the district of Fairfield therein. 

Upon the memorial of John Ward, administrator on the 
estate of John Thomas late of Newhaven, deceased, represent- 
ing to this Assembly that the debts and charges allowed by 
the court of probate for the district of Newhaven against said 
estate, including some small allowance to the widow, sur- 
mount the whole moveable inventoried estate the sum of £23 
6 10, lawful money, and praying for liberty to sell so much of 
the real estate of said deceased as shall raise said sum togeth- 
er with the incident charges thereon arising, as per memorial : 
Wherefore, resolved by this Assembly, that the memorialist 
be impowered and he is hereby impowered, to sell so much of 
the said real estate as will raise said sum together with the 
incident charges thereon arising ; taking the direction of the 
court of probate for the district of Newhaven therein. 

[239] Upon the memorial of Thomas Fitch jun'', adminis- 
trator of the estate of Thomas Hill jun'', deceased, shewing to 
this Assembly that the debts with an allowance of necessaries 
to the widow of said deceased surmount the inventoried move- 
able estate and credits of the said deceased the sum of £108 
9s. 5id. lawful money, and therein praying for liberty and 
authority to sell and convey so much of the real estate of the 
said deceased as will be sufficient to pay and discharge the 
said sum of £103 9s. 5^d. and the lawful interest of the same 
from this time till he shall have a reasonable time to sell the 
same, with the incident charges on the sale of the same &c , 
as per memorial on file : Resolved by this Assembly, that the 
said Thomas Fitch junf.liave liberty and authority to sell and 



C36 PUBLIC RECORDS [October, 

convey so much of the real estate of the said deceased as will 
be sufficient to pay and discharge the said sum of X103 9s. 
5^d. and the lawful interest of the same from that time until 
he shall have a reasonable time to sell the same, with the inci- 
dent charges on the sale of the same ; taking the directions 
of the court of probate in the district of Fairfield therein. 

Upon the memorial of Richard Barnum and Richard Shute 
of Danbury, administrators on the estate of John Hoit late of 
Danbury, deceased, representing to this Assembly that the 
debts due from said estate surmount the moveable part of said 
estate the sum of £71 3s. Id. 1.; praying for liberty to sell 
so much of the real estate of said deceased as will be sufficient 
to pay said sum, as per memorial on file : Resolved by this 
Assembly, that the memorialists have liberty, and the same is 
hereby granted to them, to sell so much of the real estate of 
the deceased as will be sufficient to pay the sum of £11 
3s. lid. with the incident charges arising on such sale ; tak- 
ing the direction of the court of probate for the district of 
Danbury therein. 

Upon the memorial of Nathaniel Matson jun'', of Lyme in 
New London county, administrator on the estate of Daniel Ely 
jun"" late of said Lyme, deceased, shewing to this Assembly 
that the debts due from the estate of said deceased surmount 
the personal estate of said deceased the sum of X154 7s. 3J. ; 
praying for liberty to sell land &c., as per memorial on file : 
Resolved by this Assembly, that liberty be granted to tiie said 
Nathaniel Matson jun"", and he is hereby impowered, to sell so 
much of the real estate of said deceased as will be sufficient to 
raise said sum of £154: 7s. Sd. with the incident charges aris- 
ing on said sale ; taking the advice and direction of the court 
of probate for the district of New London therein. 

Upon the memorial of Luke Hovey, of Windham in Wind- 
ham county, administrator on the estate of Ezekiel Armstrong, 
deceased, representing to this Assembly that the debts due from 
the estate of said deceased surmount the inventoried personal 
estate of said deceased the sum of <£50 16s. 6d. money ; pray- 
ing liberty to make sale of so much of the real estate of said 
deceased as shall be sufficient to pay said sum with incident 
charges &c. : Resolved by this Assembly, that the said ad- 
ministrator be impowered, and he is hereby substituted and 
impowered, to make sale of so much of the said real estate as 
shall be sufficient to pay and satisfie said sum of £50 16s. 6d. 
money, with the incident charges arising thereon ; taking 
direction of the court of probate for the district of Windham 
therein. 



1766.] OP CONNECTICUT. 537 

Upon the memorial of Hezekiah Holcomb, of Symsbiiry in 
tlie district of Hartford, administrator on the estate of Con- 
sider Holcomb of said Symsbury, deceased, shewing to this As- 
sembly that the debts due from said estate, together with neces- 
saries set out to the widow- of said deceased, surmount the 
moveable estate of said deceased the sum of £14: Ss. lOd. 
lawful money, as per memorial on file ai)pears &c.: Resolved 
by tliis Assembly, that the memorialist have liberty, and lib- 
erty and authority is hereby granted to the memorialist, to 
make sale of so much of the real estate of said deceased as 
to raise the said sum of £14 8s. lOd. lawful money, with in- 
cident charges arising on said sale ; taking the advice of the 
court of probate of the district of Hartford therein. 

Upon the memorial of Abraliam Thomson of Stratford, con- 
servator of Thomas Thomson, shewing to this Assembly that 
he has expended sundry disbursements for the support of 
Thomas Thomson, which were examin'd and allowed l)y a 
special county court held in Fairfield on the first day of Oc- 
tober, 1766, amounting to <£18 13s. l^d. lawful money; pray- 
ing for liberty to sell so much of the real estate of said 
Thomas as to pay said sum &c., as per memorial &c.: Re- 
solved by this Assembly, that the aforesaid Abraham Thom- 
son have liberty with full power to sell so much of the real 
estate of the said Thomas Thomson as shall [raise] the sum 
of X18 136'. Ikd- lawful money, with the incident charges 
arising thereon. 

Upon the memorial of Samuel Williams and Samuel Bissel, 
administrators on the estate of Ephraim Bissel late of Water- 
bury, deceased, shewing to this Assembly that the debts and 
charges against said estate, which was allowed over and above 
what hath been granted by this Assembly, surmount the move- 
able part of said estate the sum of £3 6s. lOd. lawful money, 
and praying for libei-ty to make sale of real estate &c., as per 
[240] memorial on file : || Resolved by this Assembly, that 
the memorialists have liberty, and they are hereby impowered, 
to make sale of so much of the real estate of the said de- 
ceased as to make said sum of £3 6 10, lawful money, with 
the incident charges arising on said sale ; taking the direction 
of the court of probate for the district of Woodbury therein. 

On the petition of John Chester, Esq"", and the rest of the 
inhabitants of the town of Weathersfield in the county of 
Hartford, vs. Abigail Grimes of Weathersfield &c., as on file: 
The question was put, whether the pleas offered in abatement 
of said petition are sufiicient to abate the same : Resolved 
by this Assembly in the affirmative. 
68 



538 PUBLIC RECORDS [October, 

On the petition of Ebenezer Keeney, Joseph Hull jun"" and 
John Wooster, all of Derby in the county of New haven, vs. 
Agnr Tomlinson of Derby aforesaid, as on file: The ques- 
tion was put, whether the prayer of said petition should be 
granted : Resolved by this Assembly in the negative. 

On the petition of Joseph Denison, of Stonington in the 
county of New London, vs. Joseph Allen, of Groton in said 
New London, as on file: The question was put, whether the 
prayer of said petition should be granted : Resolved by this 
Assembly in the negative. 

On the petition of James Olcott, of Harwinton in the county 
of Litchfield, vs. Samuel Barber of Harwinton aforesaid, 
as on file : The question was put, whether anything should 
be granted on the prayer of said petition : Resolved by this 
Assembly in the negative. 

On the petition of Samuel Selden, Moses Noyes and Han- 
nah his wife, Jonathan Warner and Eliza his wife, Rebeccah 
Ely and Anne Selden, all of Lyme in New London county, 
vs. John Hudson, Hannah Hudson, Mary Hudson, Rachel 
Hudson, Edward Church, Nathaniel Mott, Ambrose Niles,j 
Gideon Brockway, William Matson, Richard Brockway, Ezn 
Brockway, Eliphalet Brockway, Edward Brockway, Join 
Brockway and Edward Brockway jun'', all of Lyme aforesaid, 
as on file : The question was put, whether anything should! 
be granted on said petition : Resolved by this Assembly in 
the negative. 

On the petition of Joel Hotchkis, of Newhaven in the 
comity of Newhas-en, one of the inhabitants of Bethany in 
said town, and the rest of the inhalntants of said society, vs. 
Amos Perkins of said Newhaven, one of the principal inhabi- 
tants of the society of Amity in said town, and the rest of 
the inhabitants of said society, and Samuel Bishop jun'' of 
said Newhaven, one of the principal inhabitants of said town, 
and the rest of the inhabitants of said town, as on file : The 
question was put, whether the prayer of said petition should 
be granted : Resolved by this Assembly in the negative. 

On the petition of Seth Knowles and Silvanus Waterman, 
both of Midletown in the county of Hartford, vs. William 
Bitkin jun"" of Hartford, Esq', slieriff of the county aforesaid, 
as on file : The question was pi.t, whether anything should 
be granted on said petition : Resolved by this Assembly in 
the negative. 

On the petition of Timothy Thomas, of Newhaven in the 
county of Newhaven, vs. James Feck of said Newliaven, as 



1766.] OF CONNECTICUT. 539 

on file : Tlie question was put, whether in proceeding to and 
rendering tlie judgment of the superior court mentioned and 
referred to in the petition manifest error liath intervened, as 
therein is alledged and complained of : Resolved by this As- 
sembly in the negative. 

Resolved hy thU Assembly, Tliat the Treasurer of this Col- 
ony be and he is hereby directed to attend on this Assem))ly 
on Thursday the 30th of October instant, furnished with 
money sufficient to pay the members thereof. 

This Assembly grants to the Hon^'''' William Pitkin, Esq"", 
Governor of this Colony, the sum of one hundred and fifty 
pounds, lawful money, for the last half of his salary the cur- 
I'ent year. 

Ordered hy this Assembly, That the Treasurer of this Col- 
ony pay to the Honourable William Pitkin, Esq"", Governor, 
the sum of one hundred and fifty pounds, lawful money, for 
his salary the last half of the current year. 

This Assembly grants to the Hon'^'e Jonathan Trumbull, 
Esqr, Deputy Governor of this Colony, the sum of fifty 
pounds, lawful money, for the last half of his salary the cur- 
rent year. 

Upon the petition of Moses Parsons of Windsor, against 
William Utley of Ashford, brought to this Assembly, com- 
plaining of the said Utley's imposing on and deceiving him, 
the petitioner, in the sale of certain lands by a certain Indian 
named Matauxen ; praying to have certain monies by him ad- 
vanced and paid for said purchase refunded to him &c., as by 
[241] the petition on file : || Resolved by this Assembly, that 
Colo. John Chester, Colo. John Pitkin, and Mr. Jonathan 
Wells be and hereby [are] appointed a committee to enquire 
into all the matters and things set forth and complained of in 
the petition, and report their opinion of what is right to be 
done or granted thereon to this Assembly at their present or 
next sessions. 

Oct. 31st, 1766. This Assembly is adjourned until the 
Governor, or in his absence the Deputy Governor, shall see 
cause to call it to meet again. 

Test. George Wyllys, Secret'y. 



Assist- 
ants. 



640 PUBLIC RECORDS [January, 



[242] Anno Regni Regis Georgii tertii septimo. 

At a General Assembly op the Governor and Company of 
HIS Majesty's English Colony of Connecticut in New 
England in America holden at Hartford in said Colony 
(by special order of the Governor of the Colony afore- 
said,) on the twenty-ninth day of January, and con- 
tinued BY adjournments UNTIL THE THIRTY-FIRST DAY OF 
THE SAME MONTH, ANNOQUE DOMINI 1767. 

Present : 
The Honorable William Pitkin, Esq*", Governor. 
The Honorable Jonathan Trumbull, Eiiq^ , Deputg Governor. 

Hezekiah Huntington, Esq^ William Pitkin junf, Esq"", 

Mathew Griswold, Esq"", Roger Sherman, Esqf, 

Shubael Conant, Esq^, Robert Walker, Esq"", 

Elisha Sheldon, Esq"", Abraham Davenport, Esq"". 

Eliphalet Dyer, Esq"", Joseph Spencer, Esq"", 

Jabez Huntington, Esq"", 

Representatives or Deputies of the Freemen of the several 
tounis are as follow, viz : 

Mr. John Ledyard, Colo. John Pitkin, for Hartford. 

Mr. Alexander Wolcott, Mr. Mathew Rockwell, for Windsor. 

Colo. John Chester, Capt. Elisha Williams, for Weathersfield. 

Colo. Jabez Hamlin, Mr. Seth Wetmore, for Midletown. 

Mr. Solomon Whitman, Capt. John Strong, for Farmington. 

Mr. John Owen, for Symsbury. 

Mr. Daniel Brainerd, for Haddam. 

Mr. Daniel Foot, Capt. Peter Bulkley, for Colchester. 

Mr. John Phelps, Capt. Samuel Gilbert, for Hebron. 

Mr. Jonathan Wells, Mr. John Kimberly, for Glastonbury. 

Mr. David Strong, Capt. Thomas Pitkin, for Bolton. 

Mr. Daniel Alden jun'', Mr. Nathan Johnson, for Stafford. 

Capt. Zebulon West, Capt. Samuel Chapman, for Tolland. 

Mr. William King, for Suffield. 

Mr. Moses Holmes, Mr. Timothy Pearl, for Wellington. 

Mr. Edward Collins, Mr. Nathaniel Terry jun>-, for Enfield. 

Mr. Emery Pease, Mr. Rueben Sikes, for Sommers. 

Mr. Daniel Lyman, Mr. Samuel Bishop, for Newhaven. 

Mr. Nathaniel Hill, for Guilfoi-d. 

Mr. Samuel Russell, for Branford. 

Capt. Macock Ward, for Wallingford. 

Mr. Jonathan Baldwin, Mr. Samuel Lewiss, for Waterbury. 

Capt. James Wadsworth, Colo. Elihu Chauncey, for Durham. 

Mr. Richard Law, Mr. William Hilhouse, for New London. 



I 



1767.] OP CONNECTICUT. 641 

Mr. Joseph Tracey, for Norwich. 

Capt. Hez'i. Whittlesey, for Saybrook. 

Colo. Henry Babcock, Mr. Charles Phelps, for Stonington. 

Mr. Benjamin Gale, for Killing-worth. 

[243] Capt. Joseph Mather, Mr. Elisha Marvin, for Lyme. 

Capt. Moses Fish, Capt. Benadam Gallop, for Groton. 

Mr. Simon Brewster, Capt. John Tyler, for Preston. 

Ebenezer Silliman, Esq"^, for Fairfield. 

Capt. Robert Fairchild, Cai)t. Ichabod Lewis, for Stratford. 

Mr. Joseph Piatt, for Norwalk. 

Capt. Charles Webb, for Stamford. 

Capt. Jabez Sherwood, for Greenwich. 

Capt. Daniel Taylor, for Danbury. 

Capt. Henry Glover, Mr. Oliver Tousey, for Newtown. 

Mr. William Lee, Mr. Nathan Olmstead, for Ridgelield. 

Capt. Dan Towner, Mr. James Potter, for New Fairfield. 

May Jedidiah Elderkin, Mr. Hez'i Manning, for Windham. 

May" William Williams, Capt. Joshua West, for Lebanon. 

Maj"" Ezekiel Pierce, for Plainfield. 

Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbury. 

Mr. Samuel Stutson, Capt. Samuel Gurley, for Mansfield. 

Capt. Ebenezer Kingsbury, for Coventry. 

Mr. Jonath. Dresser, Colo. Israel Putnam, for Pomfret. 

Mr. Bryant Brown, Mr. Silas Hutchins, for Killingly. 

Capt. Jedidiah Fay, for Ashford. 

Capt. Robert Dixon, for Voluntown, 

Capt. Nehemiah Lyon, for Woodstock. 

Colo. Ebenezer Marsh, Capt. John Marsh, for Litchfield. 

Capt. Increase Moseley, for Woodbury. 

Capt. Bushnel Bostwick, Capt. Samuel Can field, for New 
Milford. 

Mr. George Catlin, for Harwinton. 

Capt. Mathew Gillet, Mr. Israel Loomiss, for New Hartford. 

Capt. Charles Burrel, Mr. Samuel Forbes, for Canaan. 

Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. 

Mr. Cyrus Marsh, Mr. Eliphalet Comstock, for Kent. 

Mr. Heman Swift, Mr. Thomas Russel, for Cornwall. 

Capt. Samuel Nash, for Goshen. 

Mr. John Cook, for Torrington. 

Zebulon West, Esq"^, Speaker ) of the House of 
Maj"^ William Williams, Clerk ) Representatives. 

An Act relating- to Quarters for some of his Majesty's Forces in this 

Colony. 

Whereas his Excellency Thomas Gage, Commander-in- 
Chief of liis Majesty's forces in North America, by his letter 



642 PUBLIC RECORDS [January, 

dated at New York the 8th of January instant,"* hath ac- 
quainted his Honour tlie Governor that a vessel is just 
arrived there with one hundred and eighty-eight recruits from 
Germany for his Majesty's two battalions of the Royal Amer- 
ican Regiment, and that the situation of those battalions 
renders it impracticable for these recruits to joyn them this 
winter: therefore signifying his request that quarters be pro- 
vided at Stamford, Norwalk and Fairfield, or which shall be 
judged best of those towns, for two officers and one hundred 
thirty-four of his Majesty's troops, till April next : There- 
fore, 

Be it enacted hy the Governor, Council and Representatives , 
in General Court assembled, and hy the authority of the same, 
That the said two officers and one hundred and thirty-four 
men be quartered and billeted in this Colony during this 
[244] winter season and until || April or May next, if need- 
ful before their march to their respective corps. 

And whereas such soldiers cannot be quartered here at the 
several rates stated and fixed for their subsistence : Therefore, 

Be it further enacted, That any person or persons on whom 
such soldiers shall be quartered shall be allowed and paid out 
of the treasury of this Colony so much more than is allowed 
by his Majesty for their subsistence as to make the same 
equal to five shillings, lawful money, per week, for each 
soldier so quartered and billeted on him or them. 

And whereas it hath been found by experience, that pri- 
vate soldiers carrying their arms when not on duty hath been 
the occasion of notorious breaches of the peace, to the terror 
and disquiet of his Majesty's good subjects : For remedy 
whereof. 

Be it further enacted hy the authority aforesaid, That his 
Honour the Governor be and he is hereby desired to corre- 
spond with his Majesty's Commander-in-Chief, or other chief 
officer, on that head, and give proper orders to prevent 
such soldiers carrying their arms at any time except when 
called to duty. 

And whereas the towns of Stamford, Norwalk and Fair- 
field, have been heretofore burthened with a great number of 
his Majesty's forces quartered and billeted on them during 
two winter seasons, and were encouraged that they should 
not be burthened therewith in future until some other towns 
had done service of the like nature ; and it being appre- 

* This letter and three others, which passed between Gov. Pitkin and 
Gen. Gage upon the subject, may be found in Almou's Prior Docuineiiis, 
131, 132. 



1767.] OF CONNECTICUT. 543 

hendcd tliat the abovcmentioned twootlficcrs and one hundred 
and thirty-four men may be quartered in the towns of Nevv- 
liaven, Wallingford and Branford, without detriment to his 
Majesty's service and with better justice in relation to the 
other three towns: Therefore, his Honour tlie Governor is 
hereby desired to acquaint his Excellency General Gage with 
this needful alteration of the towns in which the said soldiers 
be quartered, and that this detachment of his Majesty's 
forces be supplied with quarters in said towns of Newhaven, 
Wallingford and Branford ; or if General Gage judge it 
detrimental to his Majesty's service to march them to those 
last-mentioned towns, then that they be supplied with quar- 
ters in the other towns of Stamford, Norwalk and Fairfield, 
and that his Honour the Governor give needful and specific 
orders to the authority of the towns, respectively, for quar- 
tering and billeting the same according to law. 

An Act relating' to Quarters for his Majesty's Forces in this Colony. 

Whereas it may be sometimes necessary to quarter and bil- 
let in this Colony recruiting ofticers, recruits, and other of his 
Majesty's tioops on their march, employed for the defence of 
his Majesty's North American dominions, 

Be it ^7iacted hy the Grovernor, Council mid Bepresentatives, 
in General Court asf<embled^ and hy the authority of the same, 
That when and as often, and during the continuance of this 
act, as proper application shall be made to any Assistant or 
justice of the peace inhabiting any town within this Colony 
for qtiartering or billeting any of his Majesty's troops as 
aforesaid, such Assistant or justice of the peace are herel)y 
required, with all convenient speed, to quarter and billet such 
troops, employed in his Majesty's service as aforesaid, in any 
of the public houses within such towni lycenccd for the retail- 
ing strong liquors by small quantities, and the officers and 
soldiers so quartered and billeted shall be received and sup- 
plied with diet and small beer or cyder, not exceeding five 
pints, or half a pint of rum mixed with a quart of water, to 
each man jjfr diem, by the occupier of such lycenced houses, 
payment and allowance to be made therefor by such officer 
requesting quarters or billeting as aforesaid at the rates here- 
after particularly expressed, viz : for one commission of- 
ficer of foot under the degree of a captain, for his diet and 
small beer &c. per diem, one shilling sterling, and if such of- 
ficer shall have an horse or horses, for hay for each per diem 
six pence sterling ; and for each foot-soldier of any recruiting 
party, for diet and small beer per diem fourpence sterling. 

And be it further enacted by the authority aforesaid, That 
every person in this Colony on wdiom any such non-commis- 



544 PUBLIC RECORDS [January, 

sioned officer or soldier [is] quartered and billeted in pursu- 
ance of this act, as a reward for such- entertainment and billet- 
ing over and above the allowance abovementioned shall be al- 
lowed three pence lawful money joer diem^ to be paid out of 
the treasury of this Colony. 

And it is further enacted^ That if the occupier of any sucli 
pul)lic licenced house shall refuse to receive and victual any 
such officer or soldier so quartered and billeted upon him ac- 
cording to the directions of this act, and l)e thereof duly con- 
victed before any Assistant and justice of the peace, or two 
justices of the same county one being of the quorum, every 
person so offending shall forfeit to and for the use of this 
Colony the sum of forty shillings, lawful money, to be levied 
[245] by distress 1| and sale of the goods of the person so 
offending, by warrant under the hands of said authority be- 
fore whom such conviction shall be, to be directed to the sheriif 
of said county, his deputy, or constable of the town wherein 
such offender shall dwell. Always provided, that no recruit- 
ing officer or party shall be billeted or quartered on any one 
place for more than seven days at a time ; anything in this 
act to the contrary notwithstanding. 

This act to be and continue in force from the rising of this 
Assembly until the rising of the Assembly in October next. 

Resolved by this Assembly, That his Honour the Governor 
be desired to signifie to Richard Jackson, Esq'', Agent of the 
Colony, that the account as i)y him stated and mentioned to 
his Honour the Governor in his letter of the 8th of Novem- 
lier, 1766, differing so immaterially from the government's 
account, this Assembly is entirely satisfied therewith, and 
that the same is hereby approved. 

U[)on the memorial of Nehemiah Palmer and Elizabeth his 
wife, administrators on the estate of Samuel Lattimer late of 
Weathersfield, deceased, shewing to this Assembly that the 
debts due from the estate of said deceased (for which no cer- 
tificate hath been hitherto given) surmounts the moveabl'e 
estate of said deceased the sum of £82 19 8, lawful money; 
praying that so much of the real estate of said deceased may 
be sold as to raise said sum with incident charges, as per me- 
morial on file may appear : Resolved by this Assembly, that 
Elisha Williams, Esq^, have liberty, and liberty and authority 
is hereby granted unto him, the said Elisha Williams, to make 
sale of so much of the real estate of said deceased as to raise 
said sum of £82 19s. 8(i. lawful money, with incident 
charges arising thereon ; taking the advice of the court of 
probate in the district of Hartford therein. 



1767.] OF CONNECTICUT. 545 

Upon the memorial of Nathan Foot, conservator of the 
person and estate of Joseph Griffen, an impotent person, rep- 
resenting that the debts and allowances to said conservator, 
allowed to him by the county court in Newhaven on account 
of said impotent person, surmount the personal estate of said 
Griffen the sum of £16 3s. lie?. ; praying for liberty to sell so 
much of the real estate of said Griffen as shall be sufficient 
to pay said sum together with the incident charges arising on 
the sale thereof, as per memorial on file : Resolved by this 
Assembly, that the memorialist have liberty, and liberty and 
authority is hereby granted unto him, to make sale of so 
much of the real estate of said Griffen as shall be sufficient 
to pay said sum of X16 3s. lie?, lawful money, together with 
the incident charge arising upon the sale thereof. 

This Assembly is adjourned until the Governor, or in his 
absence the Deputy Governor, shall see cause to call it to 
meet again. 

Teste George Wyllys, Secretary. 



[246] Anno Regni Regis Georgii tertii septimo. 

At a General Assembly of the Governor and Company 
OF HIS Majesty's English Colony of Connecticut in New 
England in America holden at Hartford in said Colony 
ON the second Thursday of May, and continued by 
several adjournments until the fifth day of June next 
following, annoque domini 1767. 

Present: 
The Honorable William Pitkin, Esq"", Governor. 
The Honorable Jonathan Trumbull, Esq"", Depute/ Governor. 

Hezekiah Huntington, Esq^William Pitkin Jun'",Esq'', 

Mathew Griswold, Esq"", Roger Sherman, Esqf, 

Shubael Conant, Esq"", Robert Walker, Esq"", 

Elisha Sheldon, Esq"", Abraham Davenport, Esq"", 

Eliphalet Dyer, Esq"", Joseph Spencer, Esq"", 

Jabez Huntington, Esq"", 

Represeyitatives or Deputies of the Freemen of the several 

Totvns^ viz : 

Colo. John Pitkin, Mr. John Ledyard, for Hartford. 

Mr, Alexander Wolcott, Mr. Mathew Rockwell, for Windsor. 

Colo. John Chester, Capt. Elisha Williams, for Weathersfield. 

Colo. Jabez Hamlin, Mr. Richard Alsop, for Midletown. 

Capt. John Strong, Mr. Jonj^than Root, for Farmington. 

Mr. Oliver Humphrey, Capt. Hez'' Humphrey, for Symsbury. 
69 



Assist- 
ants. 



646 ruBLic RECORDS [May, 

Colo. Hez'i Brainerd, for Hadam. 
Mr. Daniel Brainerd, for P]ast Hadam. 

Capt. Henry Champion, Capt. Peter Bulkley, for Colchester. 
Mr. John Phelps, Capt. Samuel (jilbert, for Hebron. 
Major Elizur Talcott, Mr. John Kimberly, for Glastonbury. 
Capt. Joel White, Capt. Benja. Talcott, for Bolton. 
Capt. Isaac Pinney, Mr. Nathan Johnson, for Stafford. 
Capt. Zebulon West, Capt. Sam' Chapman, for Tolland. 
Mr. William King, for Suffield. 

Mr. Edward Collins, Capt. Jos. Olmstead, for Enfield. 
Mr. Emry Pease, Mr. Reuben Sikes, for Somers. 
Capt. Timothy Pearl, Mr. Moses Holmes, for Willington. 
Mr. Daniel Lyman, Mr. Samuel Bishop, for New Haven. 
Major Edward Allen, Mr. Robert Treat, for Milford. 
Mr. Nathaniel Hill, Mr. Josiah Meiggs, for Guilford. 
Capt. W'n Hoadly, Mr. Josiah Rogers, for Branford. 
Colo. Benja. Hall, Capt. Macock Ward, for Wallingford. 
Mr. John Holbrook, Capt. Joseph Osborn, for Derby. 
[247] Mr. Jonathan Baldwin, for Waterbury. 
Colo. Elihu Chauncey, Capt. James Wadsworth, for Durham. 
Mr. Richard Law, Mr. William Hilhouse, for New London. 
Mr. Isaac Tracey, Mr. Joseph Ti-acey, for Norwich. 
Capt. Hezh Whittelsey, Maj. John Murdock, for Saybrook. 
Mr. Paul Wheeler, Mr, Charles Phelps, for Stonington. 
Mr. Benjamin Gale, Capt. John Pierson, for Killingworth. 
Mr. Samuel Holden Parsons, Mr. William Noyes, for Lyme. 
Capt. Moses Fish, Capt. Benadam Gallop, for Groton. 
Capt. Samuel Morgan, Colo. Samuel Coit, for Preston, 
Ebenezer Silliman, Esqi", Capt. David Burr, for Fairfield. 
Capt, Robert Fairchild, Capt. Ichabod Lewis, for Stratford. 
Mr. Thomas Pitch, Mr. Joseph Piatt, for Norwalk. 
Capt. Charles Webb, Colo. Jonathan Hoit, for Stamford. 
Mr. John Mead, Capt. Edward Brush, for Greenwich. 
Mr. Jos. Piatt Cook, Capt. Daniel Taylor, for Danbury. 
Capt. Henry Glover, Mr. Oliver Tousey, for Newtown. 
Mr. Samuel Olmstead, Mr. William Lee, for Ridgefield. 
Capt. Dan Towner, Mr. James Potter, for New Fairfield. 
Maj^ Jedidiah Eldcrkin, Mr. Hez'' Manning, for Windham. 
Maj^ William Williams, Mr. Seth Bartlet, for Lebanon, 
Mr. Elisha Payne, Maj. P^zekiel Pierce, for Plainfield. 
Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbiny. 
Mr. John Salter, Capt. Samuel Gurly, for Mansfield. 
Mr. Phineas Strong, Mr. Richard Hale, for Coventry. 
Coloi. Ebenezer Williams, Colo. Israel Putnam, for Pomfret. 
Mr. Bryant Brown, Mr. Benjamin Leavinze, for Killingly. 



1767.] OF CONNECTICUT. 647 

Capt. Benja. Sumner, Capt. Jedidiali Fay, for Asliford. 
Capt. Robert Dixon, Mr. Samuel Stewart, for Voluntown. 
Capt. Nehemiali Lyon, Mr. Jedidiali Morse, for Woodstock. 
Capt. Oliver Wolcott, Capt. John Marsh, for Litchfield. 
Mr. Daniel Sherman, Capt. Increase Moseley, for Woodberry. 
Mr. Bushnel Bostwick, Capt. Samuel Canfield, for New Mil- 
ford. 
Mr. Jonathan Catlin, for Harwinton. 

Capt. Mathew Gillet, Mr. Lsrael Loomiss, for New Hartford. 
Mr. Benja. Stephens, Mr. Timo. Hurlburt, for Canaan. 
Capt. John Williams, Mr. Jeremiah Day, for Sharon. 
Mr. John Ransom, Mr. Eliphalet Comstock, for Kent. 
Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. 
Mr. Thomas Russell, Mr. IJeman Swift, for Cornwal. 
Capt. Moses Lyman, Capt. Edmund Beach, for Goshen. 
Mr. John Cook, Mr. Noah Wilson, for Torrington. 
Zebulon West, Esq^, Speaker I of the House of 

Mr. William Williams, Esq"", Clerk \ Representatives. 
[248] May 14th. This day being appointed by the royal 
charter aad the laws of this Colony for the Election of the 
public officers of the Colony, viz : Governor, Deputy Gover- 
nor, Assistants, Treasurer, and Secretary, proclamation was 
made, in manner accustomed, and then the votes of the free- 
men were given in to the persons appointed by the Assembly 
to receive, sort and count them, and to declare the names of 
such as should be chosen to any of the abovementioned 
offices, according to law ; which persons were: Hezekiah Hun- 
tington, Esq"", Mathew Griswold, Esq"", Shubael Conant, Esq"", 
Eliphalet Dyer, Esq^, Jabez Huntington, Esqf, Roger Sher- 
man, Esq"", Robert Walker, Esq"", Abraham Davenport, Esqi", 
Joseph Spencer, Esq'', Mr. John Ledyard, Colo. Hezekiah 
Brainerd, Mr. Daniel Lyman, Maj. Edward Allen, Mr. Joseph 
Tracey, Mr. Benjamin Gale, Mr. Thomas Fitch jun., Mr. 
Joseph Piatt Cook, Mr. Elislia Payne, Maj. Jedidiali Elder- 
kin, Mr. Bushnel Bostwick, and Mr. Daniel Sherman, who 
were all sworn to a faithful discharge of that trust. And 
the freemen's votes being brought in, sorted and counted, 

The Honorable William Pitkin, BsqS is chosen Governor 
of this Colony for the year ensuing. 

The Honorable Jonathan Trumbull, Esq"", is chosen Deputy 
Governor of this Colony for the year ensuing 

Hezekiah Huntington, Esq-", Mathew Griswold, Esq"", Shu- 
bael Conant, Esq% Elisha Sheldon, Esq% Eliphalet Dyer, Esq^ 
Jabez Huntington, Esq^ William Pitkin jun., Esq"-, Roger 
Sherman, Esq-", Robert Walker, Esq', Abraham Davenport, 



648 PUBLIC RECORDS [May, 

Esq^ William Samuel Johnson, Esq"", Joseph Spencer, Esq"^, 
were chosen Assistants for the year ensuing. 

Joseph Talcott, Esq'', is chosen Treasurer of this Colony for 
the year ensuing. 

George Wyllys, Esq"", is chosen Secretary of this Colony for 
the year ensuing. 

The Governor's oath appointed by the laws of this Colony, 
and the oath required by the act of Parliament made and pass- 
ed in the fourth year of the reign of his Majesty George the 
third, entituled An act for granting certain duties in the Brit- 
ish Colonies and Plantations in America &c., were indue form 
and manner administered to the Honorable William Pitkin, 
Esq"", now chosen Governor of the Colony of Connecticut. 

The Deputy Governor's oath appointed by law was duly 
administered to the Honorable Jonathan Trumbull, Esq"", now 
chosen Deputy Governor of this Colony. 

The Assistant's oath prescribed by the law of this Colony 
was duly administered to Hezekiah Huntington, Mathew Gris- 
wold, Shubael Conant, Elisha Sheldon, Eliphalet Dyer, Jabez 
Huntington, William Pitkin jun., Roger Sherman, Robert 
Walker, Abraham Davenport, and Joseph Spencer, Esq''-^ 
now chosen Assistants over this Colony. 

The Treasurer's oath prescribed by law was duly adminis- 
tered to Joseph Talcott, Esqs now chosen Treasurer. 

The Secretary's oath appointed by law was duly admin- 
istered to George Wyllys, Esq'^, now chosen Secretary of this 
Colony. 

[249] Ordered, That Jabez Hamlin, Esq% and Mr. Rich- 
ard Alsop return the thanks of this Assembly to the Rev- 
erend Mr. Edward Eells, for his sermon delivered before the 
Assembly on the 14th instant, and desire a copy thereof that 
it may be printed. 

This Assembly do appoint the Honorable Jonathan Trum- 
bull, Esq"", to be Chief Judge of the Superior Courts in this 
Colony for the year ensuing. 

This Assembly do appoint Robert Walker, Esq"", Mathew 
Griswold, Esq"", Eliphalet Dyer, Esq'', and Roger Sherman, 
Esq"", to be Judges of the Superior Courts in this Colony for 
the year ensuing. 

This Assembly do appoint Jabez Hamlin, Esq'^, to be Judge 
of the County Court in and for the county of Hartford the 
year ensuing. 

This Assembly do appoint Roger Newton, Esq"", to be Judge 
of the County Courts in and for the county of New Haven 
for the year ensuing. 



1767.] OF CONNECTICUT. 549 

This Assembly do appoint Hezekiah Huntington, Esq^ to 
he Judge of the County Courts in and for the county of New- 
London for the year ensuing. 

This Assembly do appoint David Rowland, Esq"", to be 
Judge of the County Courts in and for the county of Fairfield 
for the year ensuing. 

This Assembly do appoint Shubael Conant, Esq', to be 
Judge of the County Courts in and for the county of Wind- 
ham for the year ensuing. 

This Assembly do appoint John Williams, Esq% to be Judge 
of the County Courts in and for the county of Litchfield for 
the year ensuing. 

This Assembly do appoint Joseph Talcott, Esq% to be Judge 
of the Court of Probate for the district of Hartford for the 
year ensuing. 

This Assembly do appoint Joseph Spencer, Esq"", to be Judge 
of the Court of Probate for the district of East Haddam for 
the year ensuing. 

This Assembly do appoint Jabez Hamlin, Esq"", to be Judge 
of the Court of Probate for the district of Midletown for the 
year ensuing. 

This Assembly do appoint Zebulon West, Esq"", to be Judge 
of the Court of Probate in the district of Stafford for the 
year ensuing. 

This Assembly do appoint John Hubbard, Esq^ to be Judge 
of the Court of Probate for the district of New Haven for the 
year ensuing. 

This Assembly do appoint Nathaniel Hill, Esq'', to be Judge 
of the Court of Probate for the district of Guilford for the 
year ensuing. 

This Assembly do appoint Gurdon Saltonstall, Esq', to be 
Judge of the Court of Probate for the district of New Lon- 
don for the year ensuing. 

This Assembly do appoint Hezekiah Huntington, Esq', to 
be Judge of the Court of Probate for the district of Norwich 
for the year ensuing. 

This Assembly do appoint Charles Phelps, Esq', to be Judge 
of the Court of Probate for the district of Stonington for the 
year ensuing. 

This Assembly do appoint David Rowland, Esq', to be 
Judge of the Court of Probate for the district of Fairfield 
for the year ensuing. 

[250] This Assembly do appoint Jonathan Hoit, Esq', to be 
Judge of the Court of Probate for the district of Stamford 
for the year ensuing. 



660 PUBLIC RECORDS [May, 

This Assembly do appoint Thomas Benedict, Esq"", to be 
Judge of tbe Court of Probate for the district of Danbury 
for the year ensuing. 

This Assembly do appoint the Hon^>« Jonathan Tmmbull, 
Esq"", to be Judge of the Court of Probate for the district of 
Windham for the year ensuing. 

This Asseml)ly do appoint Jabez Fitch, Esqr, to be Judge 
of the Court of Probate for the district of Plainfield for the 
year ensuing. 

This Assembly do appoint Ebenezer Williams, Esq'', to be 
Judge of the Court of Probate for the district of Pomfret 
for the year ensuing. 

This Assembly do appoint Daniel Sherman, Esq*", to be 
Judge of the Court of Probate for the district of Woodbury 
for the year ensuing. 

This Assembly do appoint Ebenezer Marsh, Esq"", to be 
Judge of the Court of Probate for the district of Litchfield 
for the year ensuing. 

This Assembly do appoint John Williams, Esq^ to be 
Judge of the Court of Probate for the district of Sharon 
for the year ensuing. 

This Assembly do appoint William Wolcott, Zebulon West, 
Seth Wetmore, and Samuel Talcott, Esq''% Justices of the 
Peace and Quorum in and for the county of Hartford the year 
ensuing. 

This Assembly do appoint John Chester, Jabez Hamlin, 
Joseph Fowler, George Wyllys, Joseph Talcott, John Ledyard, 
Thomas Hosmer, Jonathan Hills, John Pitkin. Elisha Wil- 
liams, Samuel Enno, Erastus Wolcott, Josiah Bissel, Henry 
Allyn, Joseph Southmaid, Nathaniel Chauncey, Mathew Tal- 
cott, Solomon Whitman, Hezekiah Gridley, Jared Lee, Joseph 
Hart, John Strong, William Wads worth, Selah Hart, John 
Owen, Judah Holcomb, Jonathan Pettibone, Hezekiah Humph- 
rey, Hezekiah Brainerd, Joseph Wells, Jonathan Hale, John 
Kimberly, William Welles, Samuel Kent, Daniel Cone, Daniel 
Brainerd, Epaphras Lord, John Watrous, Daniel Foot, Peter 
Bulkley, John Phelps, Samuel Gilbert, Alexander Phelps, 
Ephraim Terry, Joseph Olmstead, Benjamin Talcott, Thomas 
Pitkin, Isaac Pinney, Daniel Alden, Abner Barker, Samuel 
Reynolds, Isaac Lee, Alexander King, Esq''^ to be Justices of 
the Peace in and for the county of Hartford the year 
ensuing. 

This Assembly appoints Capt. David Sage, Mr. Nathaniel 
Freeman, and Capt. Henry Champion to be Justices of the 
Peace in and for the county of Hartford the year ensuing. 



1767.] OF CONNECTICUT. 551 

This Assembly do appoint Jolin Hubljard, Elihu Chaunccy, 
Thomas Darling, and Nathaniel Hill, Esq^^, to be Justices of 
the Peace and Quorum in and for the county of New Haven 
the year ensuing. 

This Assembly do appoint Roger Newton, Benjamin Hall, 
Samuel Sherman, John Whiting, Samuel Sacket, Daniel 
Lyman, Samuel Hemingway, Robert Treat. Nathan Baldwin, 
John Fowler, Timothy Russell, Daniel Holbrook, Charles 
French, Thomas Mathews, Joseph Plopkins, Caleb Ilumiston, 
Timothy Judd, Stephen Upson jun., John Hall, Elihu Hall, 
Caleb Merriman, Benjamin Hall 4th, Aaron Lyman, James 
Wadsworth jun., Theophilus Rossiter, Samuel Robinson, 
Nathaniel Ruggles, Josiali Meiggs, Jonathan Russel, Josiah 
Rogers, Samuel Barker, William Hoadly, James Barker, 
Jared Ingersoll, Samuel Bishop jun., John Davis, Timothy 
Todd, and Samuel Chittenden, Esqf% to be Justices of the 
Peace in and for the county of New Haven for the year 
ensuing. 

This Assembly do appoint Christopher Avery, Richard 
Lord, Pygan Adams and Ebenezer Backus, Esq''^ to be 
Justices of the Peace and Quorum for the county of New 
London the year ensuing. 

[251] This Asseml)ly do appoint Benjamin Gale, Elnathan 
Stephens, Joseph Wilcox, Aaron Eliot, John Pierson, Na- 
thaniel Clark, John Tulley, Hezekiah Whittelsey, John Mur- 
dock, Samuel Ely, John Lay 2d, Benjamin Lee, George Dorr, 
Samuel Selden, Daniel Coit, William Hilhouse, Richard Law, 
Jeremiah Miller, Luke Perkins, William Williams, Ebenezer 
Avery, Nathan Smith, Joseph Denison, Samuel Prentice, 
Amos Cheesbrough, John Williams, Charles Phelps, Samuel 
Morgan, Samuel Coit, William Wittar, Humphrey Avery, 
Elisha Fitch, William Whiting, Ebenezer Hartshorn, Jacob 
Perkins, Simon Tracey jun., Samuel Huntington, Benjamin 
Huntington, John Shipman, Justus Buck, and Paul Wheeler, 
Esqrs, to be Justices of the Peace in and for the county of 
New London for the year ensuing. 

This Assembly do api)oint Al)raham Davenport, Esq"", one 
of the Quorum of the County Court in and for the county 
of Fairfield for the year ensuing. 

This Assembly do appoint John Read, Samuel Adams, 
and Robert Fairchild, Esq^^ to be Justices of the Peace and 
Quorum in and for the county of Fairfield for the year 
ensuing. 

This Assembly do appoint Ebenezer Silliman, David 
Rowland, Agur Tomlinson, Ichabod Lewiss, Daniel Fairchild, 



552 PUBLIC KECORDS [May, 

James Walker, William Burr, Thomas Hill, Lothrop Lewiss, 
David Burr, Samuel Sherwood, Samuel Bradley juu., Samuel 
Fitch, Thomas Fitch jun., Joseph Piatt, EUas Betts, Theophi- 
liis Fitch, Jonathau I3oit, Jonathan Maltbie, Charles Webb, 
Peter Mead, Messenger Palmer, Samuel Olmstead, Samuel 
Smith, Thomas Benedict, Joseph Piatt Cook, Samuel Taylor, 
Epiiraim Hubbel, Thomas Brush, Caleb Baldwin, Richard 
Fairman, Edward Brush, and David Knap, Esq^s, to be 
Justices of the Peace in and for the county of Fairfield for 
the year ensuing. 

This Assembly do appoint Ebenezer Marsli, Increase 
Mosely, Daniel Sherman, and Bushncl Bostwick, Esqi's, to be 
Justices of the Peace and Quorum in and for the county of 
Litchfield the year ensuing. 

This Assembly do appoint John Williams, Timothy Collins, 
Jacob Woodruff, Isaac Baldwin, Daniel Everit, Benjamin 
Hinman, Tilley Blackley, Gideon Walker, Paul Welch, Sam- 
uel Bostwick, Samuel Canfield, John Ransom, Daniel Lee, 
Nathan Eliot, Cyrus Marsh, Daniel Griswold, John Hutchin- 
son, Joshua Porter, David Whitney, John Beebe, Charles 
Burrel, John Beach, Moses Lyman, Samuel Nash, Thomas 
Russel, Abijah Catlin, Isaac Kellogg, Mathew Gillet, John 
Cook, Epaphras Sheldon, Michael Humphrey, and Heman 
Swift, Esq^s to be Justices of the Peace in and for the county 
of Litchfield the year ensuing. 

This Assembly do appoint James Landon, Esq"", to be a 
Justice of the Peace in and for the county of Litchfield the 
year ensuing. 

This Assembly do appoint Jabez Fitch, Joshua West, Jedi- 
diah Elderkin, and P]benezer Williams, Esqi's, to be Justices 
of the Peace and Quorum in and for the county of Windham 
for the year ensuing. 

This Assembly do appoint Jonathan Huntington, Nathaniel 
Huntington, Samuel Gray, Nathaniel Wales jun., Jacob 
Symons, Joseph Clark, William Metcalf, William Williams, 
Benjamin Wheeler, Isaac Coit, Elisha Payne, Colo. John Dyer, 
Samuel Huntington (of Canterbury), John Curtiss, Joseph 
Storrs, Joseph Strong, Phineas Strong, William Osgood, Thomas 
Williams, John Grosvenor, Samuel Danielson, Jacob Dresser, 
Elijah Whiton, Thomas Moffat, Benjamin Sumner, Robert 
Dixon, John Smith, Jeremiah Kinney, Samuel Chandler, Na- 
thaniel Child, Ebenezer Smith jun., Ebenezer Wales, and. 
Abner Sessions, Bryant Brown, and Hezekiah Manning, Esq'^, 
to be Justices of the Peace in and for the county of Wind- 
ham for the year ensuing. 



1767.] OF CONNECTICUT. 553 

This Assembly do appoint Mr. Benajali Bill to be a Justice 
of the Peace in and for the county of Windham for the year 
ensuing. 

This Assembly [do establish] Mr. James How to be En- 
sign of the company or trainband in the parish of Midlesex 
in the 9th regiment in this Colony. 

[252] This Assembly do establish Mr. Stephen Keyes to be 
Captain of the third company or trainband in the eleventh 
regiment in this Colony. 

This Assembly do establish Mr. Josiah Sabin to be Lieu- 
tenant of the third company or trainband in the eleventh 
regiment in this Colony. 

This Assembly do establish Mr. Leicester Grosvenor to be 
Ensign of the third company or trainband in the eleventh 
regiment in this Colony. 

This Assembly do establish Mr. Daniel Williams to be 
Lieutenant of the fourth company or trainband in the town 
of Groton. 

This Assembly do establish Mr. John Morgan jun. to be 
Ensign of the fourth company or trainband in the town of 
Groton. 

This Assembly do establish Mr. Nathaniel Cornwell to be 
Lieutenant of the 11th company or trainband in the sixth 
regiment in this Colony. 

This Assembly do establish Mr. Cornelius Cornwell to be 
Ensign of the lltli company or trainband in the sixth regi- 
ment in this Colony. 

This Assembly do establish Mr. John Dixon to be Captain 
of the eleventh company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. John Dixon jun. to be 
Lieutenant of the 11th company or trainband in the 11th 
regiment in this Colony. 

This Assembly do establish Mr. Robert Parke to be Ensign 
of the eleventh company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Amos Richardson to be 
Captain of the 9th company or trainband in the 5th regiment 
in this Colony. 

This Assembly do establish Mr. William Wilson to be 
Lieutenant of the 9th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Thomas Fish to be Cap- 
tain of the 3d company or trainband in Groton in the 8th 
regiment in this Colony. 
70 



554: PUBLIC RKCORDS [May, 

This Assembly do cstablisli Mr. Jonathan Fish to be Lieu- 
tenant of the 3d com{)any or trainband in Groton in the 8th 
regiment in this Colony. 

This Assembly do establish Mr. Joseph Packer to be En- 
sign of the third company or trainband in Groton in the 8th 
regiment in this Colony. 

This Assembly do establish Mr. John Hall jun. to be Cap- 
tain of the first company or trainband in New Cheshire 
parish in the town of Wallingford. 

This Assembly do establish Mr. Reuben Atwater to l^e 
Lieutenant of the 1st company or trainband in New Cheshire 
parish in the town of Wallingford. 

This Assembly do establish Mr. John Benham to be Ensign 
of the first company or trainband in New Cheshire in the 
town of Wallingford. 

This Assembly do establish Mr. Lemuel Morehouse jun. to 
be Ensign of the second company or trainband in the town 
of Ridgefield. 

This Assembly do establish Mr. Aaron Whetmore to be 
Ensign of the fourth company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Joseph Forward to be 
Ensign of the 3d company or trainband in the town of 
Symsbury. 

This Assembly do establish Mr. Daniel Olmstead to be En- 
sign of the 1st company or trainband in the town of Ridge- 
field. 

This Assembly do establish Mr. Daniel Picket to be Lieu- 
tenant of the second company or trainband in the town of 
New Milford. 

This Assembly do establish Mr. Robert Hawkins to be En- 
sign of the second company or trainband in the town of New 
Milford. 

[253] This Assembly do establish Mr. Abraham Fuller to 
[be] Ensign of the first company or trainband in the town of 
Kent. 

This Assembly do establish Mr. William Holt to be Cap- 
tain of the sixth company or trainband in the fifth regiment 
in this Colony. 

This Assembly do establish Mr. Abiel Abbot to be Lieu- 
tenant of the 6th company or trainband in tlie 5th regiment 
in this Colony. 

This Assembly do establish Mr. James Steadman to be 
Ensign of the 6th company or trainband in the 5th regiment 
in this Colony. 



17G7.] OP CONNECTICUT. 555 

This Assembly do estaljlish Mr. Israel Hewit, jnn. to he 
Captain of the 2d company or trainband in the 8th regiment 
in this Colony. 

This Assembly do establish Mr. John Swan jun. to be 
Lieutenant of the second company or trainband in the 8th 
regiment in tliis Colony. 

This Assembly do establish Mr. David Landon to be Lieu- 
tenant of the first company or trainband in the town of 
Litchfield. 

This Assembly do establish Mr. Nathaniel Woodruff to be 
Ensign of the first company or trainband in the town of 
Litchfield. 

This Assembly do establish Mr. Elisha Child to be Captain 
of the seventeenth company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Benjamin Lyon 2d to be 
Lieutenant of the 17th company or trainband in the 11th 
regiment in this Colony. 

This Assembly do establish Mr. Stephen Lyon to be Ensign 
of the 17th company or trainband in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Abijah Learned to be Cap- 
tain of the 11th company or trainband in the 5th regiment in 
this Colony. 

This Assembly do establish Mr. Elisha Williams to be 
•Lieutenant of the 11th company or trainband in the 5th 
regiment in this Colony. 

This Assembly do establish Mr. Solomon Wales to l^e 
Ensign of the eleventh company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. Noah Skinner to be Lieu- 
tenant of the 13th company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Mr. Timothy Dutton to be 
Ensign of the 13th company or trainband in the 12th regi- 
ment in this Colony. 

This Assembly do establish Mr. Hezekiah Sturgis to be 
Lieutenant of the 2d company or trainband in the town of 
Fairfield. 

This Assembly do establish Mr. John Whitear to be En- 
sign of the second company or trainband in the town of 
Fairfield. 

This Assembly do establish Mr. David Miller to be Captain 
of the 14th company or trainband in the 6th regiment in this 
Colony. 



656 PUBLIC RECORDS [May, 

This Assembly do establish Mr. William Ward to be Lieu- 
tenant of the 14th company or trainband in the 6th regiment 
in tliis Colony. 

This Assembly do establish Mr. Joseph Bartholomew to be 
Lieutenant of the second company or trainband in the town 
of Wallingford. 

This Assembly do establish Mr. Benjamin Cook to be En- 
sign of the second company or trainband in the town of 
Wallingford. 

[254J This Assembly do establish Mr. William Belcher to 
be Captain of the 3d company or trainband in the town of 
Preston. 

This Assembly do establisli Mr. Benjamin Coit to be Lieu- 
tenant of the third company or trainband in the town of Pres- 
ton. 

This Assembly do establish Mr. Samuel Tyler to be En- 
sign of the third company or trainband in the town of Pres- 
ton. 

This Assembly do establish Mr. Christopher Reed to be Lieu- 
tenant of the 9th company or trainband in the town of Nor- 
wich. 

This Assembly do establish Mr. George Denniss to be Cap- 
tain of the 9th company or trainband in the town of Norwich. 

This Assembly do establish Mr. Ebenezer Fitch to [be] En- 
sign of the 9th company or trainband in the town of Norwich. 

This Assembly do establish Mr. Samuel Shipman to be Cap- 
tain of the first company or trainband in the seventh regiment 
in this Colony. 

This Assembly do establish Mr. John Cockran to be Lieuten- 
ant of the first company or trainband in the seventh regiment 
in this Colony. 

This Assembly do establish Mr. Christopher Lord to be En- 
sign of the first company or trainband in the 7th regiment 
in this Colony. 

This Assembly do establish Mr. John Symons jun. to be En- 
sign of the first company or trainband in the town of Enfield. 

This Assembly do establish Mr. Charles Sperry to be Cap- 
tain of the first company or trainband in the town of Walling- 
ford. 

This Assembly do establish Mr. Moses Rice to be Lieuten- 
ant of the first company or trainband in the town of Walling- 
ford. 

This Assembly do establish Mr. Lothrop Tyler to be En- 
sign of the first company or trainband in the town of Walling- 
ford. 



1767.] OF CONNECTICUT. 557 

This Assembly do establish Mr. Abraham Gold to be Cap- 
tain of the first company or trainband in the town of Fairfield. 

This Assembly do establish Mr. Elijah Abel to be Lientcu- 
ant of the first company or trainband in the town of Fairfield. 

This Assembly do establish Mr. Timothy Clark to be Captain 
of the fourth company or trainband in the 12th regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Fuller to be Lieu- 
tenant of the 4th company or trainband in the 12th regiment 
in this Colony. 

This xVsserably do establish Mr. Daniel Dewey to be Ensign 
of the 4th company or trainband in the 12th regiment in this 
Colony. 

This Assembly do establish Mr. Nathan Rossiter to be En- 
sign of the 5th company or trainband in the 7th regiment in 
this Colony. 

This Assembly do establish Mr. Gideon Hurlburt to be 
Lieutenant of the company or trainband at the west parish in 
the town of Fairfield. 

This Assembly do establish Mr. John Andrews to be Ensign 
of the company or trainband at the west parish in the town of 
Fairfield. 

This Assembly do establish Mr. Amos Northrop to be Ensign 
of the company or trainband in the parish of Newberry. 

[255] This Assembly do establish Mr. Thaddeus Benedict 
to be Ensign of the first company or trainband in the town of 
Danbury. 

This Assembly do establish Mr. Sherman Boardman to be 
Captain of the first company or trainband in the town of New 
Milford. 

This Assembly do establish Mr. Joseph Hartwell to be Lieu- 
tenant of the first company or trainband in the town of New 
Milford. 

This Assembly do establish Mr. Epenetus Piatt to be En- 
sign of the first company or trainband in the town of New Mil- 
ford. 

This Assembly do establish Mr. Stephen Mead to be Captain 
of the company or trainband in the west division of Reading 
parish. 

This Assembly do establish Mr. Zalmon Read to be Lieu- 
tenant of the company or trainband in the west division of 
Reading parish. 

This Assembly do establish Mr. Isaac Lee jun. to be Cap- 
tain of the 13th company or trainband in the sixth regiment 
in this Colony. 



558 PUBLIC RECORDS [May, 

This Assembly do establish Mr. John Judd to be Lieutenant 
of the thirteenth company or trainband in the sixth regiment 
in this Colony. 

This Assembly do establish Mr. Lodowick Hotchkiss to lie 
Ensign of the thirteenth company or trainband in the 6th reg- 
iment tliis Colony. 

This Assembly do establish Mr. Nathaniel Haydon to be En- 
sign of the 2d company or trainband in the town of Windsor. 

This Assembly do establish Mr. Jonathan Baldwin to be 
Captain of the first company or trainband in the town of Water- 
bury. 

This Assembly do establish Mr. Andrew Brownson to be Lieu- 
tenant of the first company or trainband in the town of Water- 
bury. 

This Assembly do establish Mr. Samuel Porter to be Ensign 
of the first company or trainband in the town of Waterbury. 

This Assembly do establish Mr, Samuel Hart to be Captain 
of the fifteenth company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. Roger Riley to be Lieuten- 
ant of the 15th company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. Elisha Savage to be Ensign 
of the fifteenth company or trainband in the 6th regiment in 
this Colony. 

This Assembly do establish Mr. Jedidiah Blanchard to be 
Captain of the 15th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish and confirm Mr. John Warren 
to be Lieutenant of the 15th company or trainband in the 5th 
regiment in this Colony. 

This Assembly do establish Mr. Simeon Smith to be Ensign 
of the fifteenth company or trainband in the 5th regiment in 
this Colony. 

This Assembly do establish Mr. Benjamin Isaacs to be Cap- 
tain of the 2d company or trainband in the first society in the 
town of Norwalk. 

This Assembly do establish Mr. Ezra Hoitto be Lieutenant 
of the 2d company or trainband in the first society in the 
town of Norwalk. 

This Assembly do establish Mr. Seth Seymour to be Ensign 
of the second company or trainband in the 1st society in the 
town of Norwalk. 

This Assembly do establish Mr. Ebenezer White to be En- 
sign of the 8th company or trainband in the 6th regiment in this 
Colony. 



1767.] OF CONNECTICUT. 559 

[2o6] This Assembly do establish Mr. Henry Sommcrs to 
1)6 Ensign of the company or trainband partof NorMi Fairfield 
and partly of North Stratford in the 4tli regiment in this Col- 
ony. 

This Assembly do establish Mr. NehemiahBrowntobe Lieu- 
tenant of the westermost company or trainband in the town 
of Greenwich. 

This Assembly do establish Mr. Joseph Galpin to Ijc En- 
sign of the westermost company or trainband in the town of 
Qjeenwich. 

This Asseml)]y do establish Mr. Simeon Fuller to be Lieu- 
tenant of the second company or trainband in the town of Kent. 

This Assembly do estabUsh Mr. Joseph Carter to be Ensign 
of the 2d company or trainband in the town of Kent. 

This Assembly do establish Mr. Nathan Burwell to be Cap- 
tain of the 3d company or trainband in the town of Norwallv. 

This Assembly do establish Mr. Samuel Taylor to be Lieu- 
tenant of the third company or trainband in the town of Nor- 
walk. 

This Assemldy do establish Mr. Ozias Marvin to be Ensign 
of tlie third company or trainband in the town of Norwalk. 

This Assembly do establish Mr. Elkanah Cobb to be Lieu- 
tenant of tlie 2d company or trainband in the 11th regiment 
in this Colony. 

This Assembly do establish Mr. Obadiali Johnson to be En- 
sign of the 2d company or trainband in the 11th regiment in 
.this Colony. 

This Assembly do establish Mr. Stephen Betts to be Cornet 
of the troop of horse in the 9th regiment in tliis Colony. 

This Assembly do establish Mr. Samuel Belden to be Quar- 
ter-Master of the troop of horse in the 9th regiment in this 
Colony. 

This Assembly do establish Mr. Ebenezer Chittenden to be 
Lieutenant of the 6th company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. William Worthington to be 
Lieutenant of tlie 10th company or trainband in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. Henry Williams to be Cap- 
tain of the fourtii company or trainband in the town of Gro- 
ton. 

This Assembly do establish Mr. Daniel Williams to l)e Lieu- 
tenant of the fourth company or trainband in the town of 
Groton. 

This Assembly do establish Mr. Simon Couch to l)e Ensign 



560 PUBLIC RECORDS [May, 

of the company or trainband in tlie east division in the parish 
of Reading. 

This Assembly do establish Mr. John Woodin to be Captain 
of the company or trainband formed out of the 5th and first 
company in the second regiment in this Colony. 

This Assembly do establish Mr, Stephen Ford to be Lieu- 
tenant of the com])any or trainband formed out of the 5th and 
firvst company in the 2d regiment in this Colony. 

This Assembly do establish Mr. John Gills to be Ensign of 
the company or trainband formed out of the 5th and 1st com- 
pany in the second regiment in this Colony. 

This Assembly do establish Mr. Matthew Dorr to be Captain 
of the 6tli company or trainband in the town of Lyme. 

This Assembly do appoint Samuel Moore jun., of Salisbury, 

to be a Surveyor of Lands for the county of Litchfield. 

[257] An Act for Securing and the more speedy CoUecting the Taxes, 

Fees, Fines and other Duties belonging to the pubhc Treasury 

of this Colony. 

Be it enacted hy the Grovernor, Council and Representatives, 
in General Court assembled, and hy the authority of the same, 
That whosoever shall neglect to pay to the collector of the 
Colony tax his rate or tax now due by the first day of Septem- 
ber next, the person so neglecting shall pay the interest on 
such rate or tax from that time until he lias paid and dis- 
charged the same ; and it shall be by the collector gathered 
with the principal sum due on such tax. And in case any 
person so neglecting shall refuse to pay such interest, every 
collector is hereby authorized and impowered to distrain and 
collect the same by force and virtue of his rate-warrant for 
collecting the rate or tax on which such interest may arise ; 
and every person so neglecting shall and may be dealt with 
respecting the interest that shall so become due in like man- 
ner as is provided on neglecting to pay the principal sum due 
on such rate or tax ; and every collector shall pay the interest 
from and after the first day of September next for such sum 
as shall then be due on the rate or tax by him to be collected 
until the same is paid into the treasury. And the Treasurer 
is hereby impowered to issue out execution for levying such 
interest, in the same manner as for levying the principal sum 
on such rate remaining due and payable. 

Be it further enacted by the authority aforesaid, That every 
collector who shall hereafter be appointed to collect the Col- 
ony tax and neglects to pay into the Colony treasury such tax 
by him to be collected within sixty days next after the same 
is made payable and due, such negligent collector shall pay 
lawful interest on what shall be unpaid of such rate or tax 



1767.] OP CONNECTICUT. 561 

from and after the expiration of said sixty days until he pay 
and discharge the same. And tlie Treasurer of this Colony 
is herel)j directed and authorized to issue out execution to 
levy and collect whatever interest shall become due for neglect 
of payment as above provided, in like manner as he is already 
imi)0wered to issue out execution for levying and collecting the 
principal sum due on rates and taxes. And in case any col- 
lector shall prove insolvent, the town appointing such collector 
shall pay interest on all such taxes, in like manner as above 
provided in regard to the collector, and the same shall be 
levyed and collected of the selectmen of such town where the 
insolvent collector belonged, in the same manner as taxes by 
the law of this Colony are to be collected in case of insolvent 
collectors ; and said selectmen shall have the same authority 
to levy and collect such interest as they have to collect the 
tax in case of insolvent collectors. 

Bp it further enacted by the authority aforesaid, That it 
shall be the duty of the clerk of the superior court and [atj 
the close of every circuit of said court, to give in to the 
Treasurer of this Colony a true account of all money fines, 
fees, forfeitures, or other dues issuing and accruing from said 
court and belonging to the public treasury ; and the like ac- 
count shall be by such clerk transmitted to and lodged with 
the Secretary, to be by him delivered to the Auditors of the 
public accounts, that the same may be entered for the benefit 
of the Colony. 

Be it further enacted by the authority aforesaid, That when 
any sheriff has received money for rates on warrant from the 
Treasurer of this Colony against any collector or selectmen 
of any town, on the insolvency of the collector of such town, 
and shall neglect to pay the same within thirty days next 
after the receiving such money, such sheriff shall pay interest 
on such money until he pay the same to said Treasurer. 

An Act in Addition to an Act made by this Assembly in October last 

intituled An Act for the further Alteration of one certain Act of 

this Colony intituled An Act for appointing, encouraging 

and supporting Schools. 

Be it enacted by the Governor, Council and Mepresentatives, 
in General Court assembled, and by the authority of the sarne, 
[258] That for this current year and in each year || annually 
for the future, there shall be paid out of the treasury of this 
Colony forty shillings, lawful money, to the several towns and 
societies in this Colony, upon every thousand pounds of the 
list of such towns and societies, instead of the twenty shil- 
lings on the thousand pounds provided for by an act of this 
Assembly made in their sessions in October last ; and so in 
proportion for any lesser sums ; which monies shall be paid 
71 



562 PUBLIC RECORDS [May, 

by the Treasurer of this Colony annually, as aforesaid, to the 
several school committees of the several towns and societies, 
and by them to be paid out and expended for the use and ben- 
efit of the schools therein, as is provided by said act. 

An Act in further Addition to the La-w of this Colony intituled An Act 
for the Directing' and Regulating of Civil Actions. 

Be it enacted hy the Governor, Council and Reprei>entatives, 
in General Court assembled, and hy the authority of the same, 
That it shall be lawful to bring any suit or action before an 
Assistant or justice of the peace on any note or bill for the 
payment of money only, or on any bond conditioned for pay- 
ment of money only and vouched by two witnesses, wherein 
the value of the debt due by such note or bill, or the value of 
the debt due by such condition, shall not exceed the sum of 
five pounds, lawful money. And such Assistant and justice 
are hereby authorized and impowered to hear, try and deter- 
mine the same, and grant execution thereon accordingly. 

Always provided. That liberty shall be allowed for an ap- 
peal from such judgment to the next county court, where the 
sum given by such Assistant or justice exceeds forty shillings 
lawful money ; any law, usage or custom to the contrary not- 
withstanding. 

An Act for the Reviving and Continuing an Act of this Assembly made 
and passed at the Session of this Assembly in May, one thousand 
seven hundred and sixty-one, entituled An Act in further Addition 
to the Law intituled An Act providing in Case of Sickness. 

Whereas it was resolved by this Assembly at their sessions 
in May last, that the aforesaid act should continue and be in 
force until the rising of this Assembly, and no longer, 

Be it therefore enacted by the Governor, Council and Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That the said act be revived, and the same is 
hereby revived, and shall continue and be in force until the 
rising of this Assembly in May next. 

Ordered by this Assembly, That the Treasurer of this Col- 
ony pay out of the public treasury, for billeting his Majesty's 
forces in the towns of Newhaven and Branford, to the several 
persons hereafter named, said accounts being allowed and ap- 
proved by said Assembly, viz: 

To Daniel Lyman, £5 13 2 To Medad Lyman, £5 5 2 
To Joim Beecher, 7 5 2 To Abraham Auger, 5 5 2 

To Nathan Beers, 5 5 2 To Stephen Munsonjun. 5 5 2 

To Christopher Kilbey, 5 5 2 To Ephraim Goldsmith, 5 5 2 



13 


2 


5 


2 


5 


2 


5 


2 


11 


10 


1 


2 


1 


2 


1 


2 



To Stephen Thomson, 4 11 10 To Stephen Morriss, 4 12 

To Dan Ives, 4 1 2 To Aaron Day, 4 1 2 

To Thomas Mansfield, 4 1 2 To Theophilus Good- 

To Caleb Beecher, 4 1 2 year, 4 1 2 



1767.] OP CONNECTICUT. 563 



To Stephen Peck, for 








To Amos Hitchcock, 








searching for de- 








for sundry ex- 








serters, 
To Ezekiel Hays, 



3 


4 
1 




2 


pences, as guide, 
ferriage, horse- 








To William Monroe, 


4 


15 


6 


hire and teams ^ 








To Joseph Barker, 


4 


9 


8 


acc't, 


1 


8 


2 


To Samuel Buel, 


4 








To Benjamin Sand- 
ford for billeting 
one soldier 10 
















weeks, 


1 
















To Richard Baldwin, 


4 


9 


8 










To Jacob Hoadly, 
To Thomas Rogers, 


4 
4 











This Assembly do appoint Mr. Samuel Dickingson of Dan- 
bury to be a Surveyor of Lands for the county of Fairfield. 

[259] Resolved by this Assembb/, That Colo. Jolm Chester, 
Colo. Jabez Hamlin, Mr. John Ledyard, Mr. Richard Alsop, 
Major William Williams and Capt. John Lawrence be ap- 
pointed Auditors, to settle and adjust all outstanding accounts 
and debts, of what nature soever, with the Treasurer, agents, 
King's attornies, and all other persons who may have the 
Colony's monies or security in their hands, and make report 
liow they find all such outstanding accounts, and of all other 
their proceedings, unto the General Assembly at their ses- 
sions in October next. 

Resolved by this Assembly, That the Treasurer of this Col- 
ony pay unto Capt. Titus Hurlburt of New London the sum 
of four pounds six shillings and eight pence, lawful money, 
out of the public treasury, in full of his account now exliib- 
ited for his services and monies expended in tiie year past in 
taking care of the Battery in New London. 

Upon the petition of Benjamin Jacobs and Solomon Jacobs, 
of Mansfield in Windham county, children of Samuel Jacobs 
and Desire his wife late of said Mansfield, deceased, represent- 
ing to this Assembly that their uncle Joseph Jacobs, now of 
Mansfield aforesaid, before the adjourned superior court held 
at Windham in Windham county on the third Tuesday of 
January A. D. 1767, recovered judgment against the petition- 
ers for the seisin and possession of about fifty acres of land 
with buildings <fec., situate in said Mansfield, with damages 
and cost, and evicted the petitioners thereof, whereby great 
injustice is done to the petitioners &c., for that their grand- 
father, Joseph Jacobs, deceased, in his life time made a settle- 
ment of his estate to and among his children by deeds, giving 
to the petitionee a large portion, and to the said Samuel, the 
petitioners' father, the land aforesaid with other lands, and 



564 PUBLIC RECORDS [May, 

afterwards the said Samuel reconveycd said fifty acres to his 
father, said Joseph deceased, in consideration whereof said 
Joseph, deceased, executed a deed thereof to the petitioners 
<fec., the children of the said Samuel, for their use and benefit, 
to have and hold the same as an estate in fee, excepting what 
the said Joseph their grandfather should need for the support 
of himself and wife in their lite time ; that soon after the peti- 
tionee obtained a deed of said fifty acres &c.. and became 
bound to said Joseph, deceased, to maintain and support him 
and pay liis debts &c., and to reconvey said fifty acres to the 
petitioners &c.,in case they should pay to the petitionee wliat 
sums of money he should expend for said Joseph deceased, 
&c. ; that in expectation of holding and enjoying said lands, 
the petitioners with their said mother supported the said Jo- 
seph, deceased, and his wile for many years <fec. ; that the peti- 
tionee never expended anything considerable for his said 
father and mother; that the petitionee had procured to be 
endorsed on said bond by him executed upwards of two thous- 
and pounds, in order to defeat the petitioners' claim to said 
fii'ty acres &c. and prevent their holding the same by force of 
their deed &c. ; and praying that the said Joseph, the peti- 
tionee, may be holden to render an account of what sums he 
hath expended in support of his said father and mother, and in 
payment of his debts &c , and to reconvey to the petitioners 
&c. the said fifty acres of land and appurtenances, or a part 
thereof as should appear just and reasonable ; praying for a 
committee &c., as per petition on file: Resolved by this As- 
sembly, that William Pitkin jun. of Hartford, Esq"", Josiah 
Bissel of Windsor, Esq"", and Mr. Jonathan Welles of Glaston- 
bury, be and they are hereby appointed a committee with full 
power to call before them the parties, at such time and place 
as they shall appoint, and fully examine into all matters iu 
said petition contained by the oath of the ])arties or otherwise, 
and all circumstances relative thereto ; and of what they shall 
find, with their opinion thei*eon, to make report to this Assem- 
bly at their session in October next. 

Upon the petition of James Marshal and others, the chil- 
dren and heirs of David Marshal late of Greenwich, deceased, 
which David was one of the children and heirs of Jolin Mar- 
shal the elder, formerly of the same Greenwich, deceased, 
against John Marshal of said Greenwich, one of the children 
of said deceased John, and administrator on his estate, and 
others claimants by purchase or otherwise to sonje parts of 
said deceased's estate, shewing to this Assembly that upon a 
petition formerly preferred to this Assembly by the said admin- 



I 



1767.] OP CONNECTICUT. 565 

istrator John Marshal, in May, 1760, representing certain diffi- 
culties attending the settling of the said estate in the ordinary 
conrse of the law, persons had been appointed to take an ac- 
count of what and liow mnch had been advanced to the sev- 
eral children of said deceased by the said administrator, and 
[260] which || l)eing done, the said estate so far as then appear- 
ed had been distributed to and among the heirs and assignees 
of said estate pursuant to orders given by this Assembly for 
that ])nrpose, and nnder the care and inspection of the court of 
probate ; in which distribution was set by mistake to the 
petitioners as children and heirs of their said father, David 
Marshal, on account of his right to said estate as assignee of 
Zacheus Marshal, one of the children and heirs of the said 
deceased John, a certain piece of land part of said estate, Ws;.* 
about twenty acres of land at Qnakers Ridge, so called, in said 
Greenwich, which about twenty acres had been before pnr- 
chased and paid for by the said David of the said John the 
administrator, and so not to have been distributed as portion ; 
further shewing, that there still remains other and further 
lands and estate of the said deceased John, which has not ever 
been inventoried or distributed, sufficient to make up said loss 
to the petitioners, and more ; praying to have the said remain- 
ing estate distributed to and among the said several heirs to 
the same or their assigns : first of all allowing and setting out 
to the petitioner out of said John's part of said remaining 
lands so much of said remaining lands and estate in the best 
and most convenient place and manner as shall be sufficient 
to compensate said loss occasioned by the mistake aforesaid ; 
as by the petition on tile : Resolved by this Asseml)ly and it 
is hereby ordered and decreed, that the judge of the court of 
probate for the district of Fairfield do issue the necessary or- 
ders and give proper directions for the full and compleat set- 
tlement and distribution of the said estate as aforesaid, allow- 
ing and setting off for the petitionee, being the several chil- 
dren and heirs of the said deceased David, out of the said 
John's part of said remaining lands in the best and most con- 
venient manner, such part of said remaining estate as shall be 
equal and sufficient to compensate for the said about twenty 
acres of land so by mistake set to the said David's heirs, as 
aforesaid. 

Ui)on the petition of Josiah Oilman and John Bidwell,both 
of Hartford in the county of Hartford, administrators of Jolni 
Gilman late of said Hartford, deceased, representing that hav- 
ing undertook to administer on said estate they made an inven- 
tory thereof, amounting to <£91o Os. Sd. ; that they had paid 



566 PUBLIC RECORDS [M^y, 

debts due from said estate to the amount of X621 Os. llcZ., and 
had been allowed by the court of probate for costs and charges 
of administration <£6t5 8s. 5d.; that afterwards doubting 
whether said estate would be sufficient to answer all the debts 
due from said estate, they represented the same insolvent, and 
thereupon received orders from the court of probate to sell the 
whole personal and real estate of said deceased, which being 
done in a prudent and discreet manner, the sales amounted to 
the sum of X736 7s. 2d. and the sum of the debts due from 
said estate was returned by the commissioners appointed to 
examine the claims of the creditors <£714 8s. 6d., before which 
return of said commissioners was accepted or any average 
decreed on said estate the executors of Peter Mallet, late of 
Stratford in the county of Fairfield, deceased, brought their 
action against them and recovered judgment against them, 
notwithstanding their pleading the said facts in abatement, 
whereby they are subjected to pay debts of the said deceased 
when they have not any estate of the said deceased in their 
hands ; praying for relief : Resolved by tliis Assembly, that 
John Ledyard, William Wolcott and John Pitkin, Esqi's, be 
and they are hereby appointed a committee to enquire what 
debts are now due from the estate of the said deceased, and 
what estate of the said deceased remains for the payment 
thereof, and whether anything and what sum ought to be paid 
in equity by the petitioners to the said Mallet's executors, and 
generally of the matters referred to in said petition, and such 
as may help and conduce to a just and equitable settlement of 
the said deceased's estate, and to report what they shall find 
to this or the next General Assembly, together with their opin- 
ion thereon. 

Upon the petition of Messrs. Richard Wait, Joseph Mather, 
Dan Marvin and others, committees for managing the school 
money in the several societies in the town of Lyme in New 
London county, representing to this Assembly that one Gama- 
liel Wliiting and Mary Gillet, executors of the last will and 
testament of John Gillet, late of Canaan in Litchfield county, 
deceased, did upon the 26th day of August last make sale of 
most of the lands l)elonging to the estate of said deceased Gil- 
let, lying in said Canaan, to James Fanning of said Canaan, 
at public vendue ; complaining of the unfairness of said sale 
and disadvantages they, said committees, were under lor want 
of seasonable notice of the time of said sale, and that great 
loss would be brouglit upon the memorialists uidess relieved 
[201] by this Assembly: || Whereupon it appearing to this 
Assembly that the orders of the judge of probate for the dis- 



1767.] OF CONNECTICUT. 567 

trict of Sliaron for the sale of said lands were not duly a1 tend- 
ed, it is therefore resolved liy this Assembly, that the whole 
proceedings on the sale of said land be void and of none effect, 
and that the deed given by said executors to said Fanning, 
purporting a conveyance of said lands and describing them to 
be and lye in two pieces, the one to lye south of Norfolk road 
and to contain one hundred and nine acres and two quarters 
and nineteen rods with a dwelling-house thereon, the other 
piece to contain nine acres and thirty-one rods lying north of said 
road and opposite to said house : botli said pieces of land lye in 
said Canaan, and said deed is dated the 17th day of September, 
A. D. 1766, and recorded in Canaan town records, is hereby 
vacated and made void. And it is hereby resolved, that the 
same shall never be given in evidence before any court. And 
this Assembly order and decree, that there shall be a new sale 
of said lands. And it appearing to this Assembly that said 
Whiting is insolvent and gone out of this Colony, and the said 
Mary Gillet, the other executrix on the said estate, is by age 
and other bodily infirmities rendered uncapable to transact and 
conduct said sale without manifest disadvantage : This As- 
sembly do therefore appoint and authorize Benjamin Stephens 
of said Canaan to make sale of all the lands mentioned and 
described in said vacated deed, in such way and manner as 
shall be directed by the court of probate in the district of Sha- 
ron. And when the said Stephens shall have made sale of 
said lands, he is hereby ordered to account with the judge of 
the probate for said district for the avails of said sale ; and 
said judge is hereby impowered so to order the disposition of 
said avails and profits arising on said sale as he shall judge 
proper and legal, for the benefit of the creditors of the said 
John Gillet, deceased. 

Upon the petition of Asa Hopkins, Harris Hopkins and 
Abigail Hopkins, (the said Abigail being a minor,) all of 
Litchfield in the county of Litchfield, against Isaac Baldwin, 
Esq-", of said Litchfield, and others, representing and shewing 
to this Assembly, that their mother, Abigail Hopkins of said 
Litchfield, late deceased, as the only child and heiress of her 
father, Joseph Harris formerly of said Litchfield, deceased, 
became seized in her own right of a very considerable real 
estate in Litchfield aforesaid, consisting of about seven 
hundred acres of land, and so being seized afterwards mar- 
ried the petitioners' late father, Asa Hopkins of said Litch- 
field, late deceased ; and alter having lived with him several 
years, and until after the birth of the said Asa first named, 
the petitioners' said father (for whatever reasons) began to 



568 PUBLIC RECORDS [May, 

importune and urge your petitioners' said mother to join with 
him in passing away her said real estate to some third per- 
son, in order to obtain a reconveyance and fix the title in 
himself ; to which the petitioners' said mother would by no 
means consent, alledging that there was no necessity therefor 
&.C. ; that the said Asa, the father, still pursued the said 
Abigail, the petitioners' said mother, with repeated and cause- 
less importunity, with some mixture and degree of intimida- 
tion, until wearied out she at last, against her will and not 
without tears of grief, yield to and joined with her said 
husband in executing a deed to one Stephen Sedgwick of 
Farmington of all her said lands and real estate except the 
half of a certain dwelling-house and home-lot and a piece of 
land called the west hundred acres, and fifty acres by Water- 
bury River, said deed bearing date the 27th of December, 
1744 ; that said Stephen Sedgwick afterwards on the same 
27th of December aforesaid, by his deed of that date did 
reconvey the same land and premises back to the said Asa, 
the petitioners' said father, both of said deeds lieing acknowl- 
edged and recorded and pretending and counting upon a 
large sum of money as a consideration, when in fact and in 
truth no consideration wos ever paid or received &c. And 
further shewing, that the said Asa, so having gotten to him- 
self the legal title to said lands, afterwards by his deeds sold 
and conveyed unto James Bird of Salisbury certain twenty 
acres, part of said lands, which by mean conveyances is now 
vested in Alexander McNiel of said Litchfield, and certain 
four acres, part of said premises, to one Thomas Grant, now 
derived down to Solomon Marsh of said Litchfield, and also 
certain seventeen acres and an half, part of said premises, 
to one Isaac Bissel of said Litchfield, which he still holds, 
and also of certain ten acres and an half of said lands to 
Moses Stoddard of said Litchfield, which he still holds, and 
also of certain four acres of said lands to one James Landon, 
now derived to Solomon Marsh of said Litchfield, and also 
[262] other four acres of said land || to Isaac Marsh of said 
Litchfield, and which he yet holds, and that the residue of 
said lands remained undisposed of until the death of the 
petitioners' said mother, which happened on the second day 
of February, 1758, and until his, the said Asa's, death, which 
happened on the 18th day of September last past; that the 
said Asa dying much in debt, the whole of said remaining 
land and real estate is now likely to be taken away from the 
petitioners &c. ; praying that upon their, the petitioners, 
quieting the aforesaid purchasers in the enjoyment of those 



1767.] OF CONNECTICUT. 569 

lands so by them bought of their said father, as aforesaid, in 
some reasonable way and manner, that the aforesaid deed 
given by the said Asa and Abigail Hopliins to said Htephen 
Sedgwick, and also the said deed so given by the said Sedg- 
wick back to the said Asa Hopkins, as aforesaid, may be 
decreed null and void and of no effect : Resolved by this 
Assembly, that the said deed from the said Asa Hopkins and 
Abigail his wife to said Stephen Sedgwick, and also the said 
deed from the said Stephen Sedgwick to the said Asa Hopkins 
were miduly obtained as is aforesaid, and the same are therefore 
hereby vacated and declared to be null and void : provided 
nevertheless, and it is hereby further decreed and enacted, 
that the said several persons to whom the said Asa Hopkins 
made conveyances of the aforesaid parcels of the said lands 
shall be quieted in the full enjoyment of their said lands; and 
the several and respective heirs of the said Asa Hopkins, 
deceased, are accordingly hereby ordered and directed to 
make and execute proper quitclaims to them respectively for 
that purpose, as soon as the same can be conveniently done. 

Upon the petition of Robert Cromeline and Mary Ver- 
plank of New York, and Nathaniel Shaw and Daniel Coit 
both of New London, shewing to this Assembly that James 
Tilley late of New London, deceased, for the consider- 
ation of six hundred pounds Cimnecticut old tenor bills, in 
the year 1748 mortgaged to John Richards, Esq^, late of 
said New London, deceased, the house in which said Tilley 
lived with two pieces of land and a rope-walk, all in New 
London aforesaid, which mortgaged premises were of much 
greater value than the consideration aforesaid ; that said 
Tilley died greatly insolvent, and largely indebted to said 
petitioners and other creditors; praying for liberty to redeem 
said mortgaged premises for the benefit of all said creditors 
&c., as per petition on file : Resolved by this Assembly, that 
said petitioners have, and they are hereby granted, the liberty 
to redeem said mortgaged premises for the use and benefit of 
all said creditors; and that upon the payment of the sum of 
one hundred fifty-one pounds one shilling, lawful money, 
to the executors of the said John Riciiards, deceased, that 
then the said executors of the said John Richards, deceased, 
release to the administratrix of the said James Tilley, de- 
ceased, all the right that accrued to the aforesaid John 
Richards, deceased, by virtue of the deed to him from said 
Tilley of said mortgaged ])remises, for the use and benefit of 
all the creditors of said Tilley, in proportion to the debts to them 
respectively due, or that the said executors of the said John 
72 



570 PUBLIC RECORDS [May, 

Richards, deceased, pay to the said administratrix the sum of 
fom" hundred pounds, lawful money, over and above the afore- 
said sum herein oj-dered to be paid by said petitioners for the 
redemption of said mortgaged premises as aforesaid : the 
same to be applied to the use of the creditors of said Tilley, 
as aforesaid. 

Upon the petition of Josiah Mead of Greenwich, preferred 
to this Assembly in October last, against John Marshal of 
the same Greenwich, and also against the children and heirs 
of Justus Bush late of said Greenwich, deceased, as assignee 
of the said Jolin, representing to this Assembly that the said 
John Marshal obtained a judgment at Fairfield county court, 
April 3d Tuesday, 1750, for the sum of four hundred pounds 
current money against Jehu Marshal then of said Greenwich, 
the said Jehu being since dead and the said Josiah succeeding 
by will to his estate; said judgment being on a certain bond 
given by the said Jehu and one Micajah Marshal to the said 
John as administrator on the estate of his and their father 
then deceased, to save him, the said John, harmless in the 
matter of the claim of their sister Elizabeth Lyon to her por- 
tion in said estate; on which judgment the said John had 
levied execution upon certain lands called Elisha lot, How's 
lot, and Gate-land, in Greenwich aforesaid, which were and 
had been set off to the said Micajah and Jehu by the said 
[263] John as their portion in their said father's estate; || 
further representing that the said John had never been any 
ways harmed by the claim of said Elizabeth in the matter 
aforesaid, and charging that the said judgment was obtained 
by default and by surprize, without any just cause or founda- 
tion ; praying to have the same vacated and set aside as well 
as the levy of said execution <fec., as by the petition on file : 
upon which petition a committee being appointed in October 
last, to enquire into the said several matters and make their 
report &c., and now having reported the said several matters 
in favour of the petitioner with their opinion that said judg- 
ment and all the proceedings with and upon the said execu- 
tion ought to be vacated and set aside, as by the report on 
file may more fully appear, which report is accepted : Where- 
upon it is resolved by this Assembly, that the said judgment 
of the said county court and all the proceedings with and 
upon the said execution be and the same are hereby vacated, 
set aside and made null and void, and not allowed, or any 
copies thereof, to be given in evidence upon any tryal. Cost 
allowed pet' r is £13 Qs. lOd. Ex. (/ranted Oct. 30,1767. 

Upon the petition of John Tanner, now living on a country 



1767.] OP CONNECTICUT. 571 

grant adjoininii: to the west side of Pittsficld in Berkshire 
county and Province of the Massachusets Bay, slicwing to 
this Assembly that the petitioner upon the 28th day of June, 
1758, being indebted to William Tanner late of Cornwal, de- 
ceased, the sum of £S1 13 4, lawful money, payable by the 
first day of December A.D. 1763, was obliged to give land 
security for the performance thereof, and upon said 28th of 
June aforesaid the petitioner executed unto said William a 
clear deed of two pieces of land lying in said Cornwal, the 
one containing twelve acres, being part of the 50th lot in the 
first division of land in said Cornwall, the other piece con- 
taining th'-ee roods and four rods, being land formerly sold 
by said William Tanner and Joseph Allen to said John Tan- 
ner, and particularly bounded in said deed, which is entered 
on Cornwall records, and that thereupon the said William 
Tanner gave and executed unto the petitioner a good counter 
bond, thereby obliging himself under the penalty of £100 
Os. Od. to reconvey liack said lands to the petitioner upon the 
payment of said debt by the petitioner to said William by the 
first of December, 1763, and that long before the expiration 
of the time aforesaid allowed for the redemption of said lands 
one Appleton Buridiam of Cornwal caused a legal execution 
in his favour against said William to be levied on part of said 
land, and so much tliereof was by virtue of said execution 
taken that the same was apprised at £32 18s. lid., and that 
the residue of the lands contained in said deed would, accord- 
ing to the usual course of the common law, be applied to the 
payment of said William's debts ; praying for the equitable 
interposition of this Assembly : Resolved by this Assembly, 
that Abner Chandler, the administrator of the insolvent estate 
of said William Tanner, shall within one year from the begin- 
ning of this session of Assembly, upon the reasonable re- 
quest of the said John Tanner, execute a good ample deed of 
release unto the said John Tanner, his heirs and assigns, of 
the residue of the lands contained in said deed and remain- 
ing unlevied on by said Burnham's said execution, under the 
penalty of forfeiting twenty pounds lawful money to said 
John Tanner in case of disobedience to this order of Assem- 
bly; and that such deed of release, so executed as aforesaid, 
shall revest the said John Tanner with equal right and title 
to said residue of said lands as if such deed had been exe- 
cuted by the said William to the said John in his, the said 
William's, life time, and of equal evidence and force in law 
for the benefit of the said John Tanner, his heirs and assigns. 
Upon the petition of Jonathan Smith, of Woodberry in 



572 PUBLIC RECORDS [May, 

Litchfield county, and Estlier his wife, executors of the last 
will and testament of William Slade jun., late of Windsor in 
Hartford county, deceased, representing to this Assembly 
that William Slade senior, of said Windsor, upon the first 
day of June A.D. 1754, conveyed to the said deceased Wil- 
liam Slade jun., his son, a tract of land in said Windsor, 
bounded east partly on highway and partly on James Slade's 
land, noi'th on Samuel Parker, west on highway, south on 
Moses Strong, with the buildings thereon, containing about 
ninety acres, to enable his said son to supfiort him in his old 
age; and that the said son then gave his father a lifelease of 
the premises and a bond of one thousand pounds penalty, to 
oblige himself to support his said father; that the said son 
soon after dyed, and that the said Esther had accepted the 
trust of executing his last will, and that for want of support 
the said William Slade senior had recovered a judgment on 
said bond against the petitioners as executors to said son's 
last will, for the sum of one thousand pounds lawful money 
debt, and £2 15s. 9d. like money costs, befoi'e the county 
court held at Hartford in Hartford county upon the second 
Tuesday of April, AD. 1764; that said judgment remains 
[264] unsatisfied, || and that there is no estate of said de- 
ceased left to satisfie said judgment except the aforesaid land, 
and praying for the interposition of this Assembly : Resolved 
by this Assembly, that no further proceedings shall be had or 
done on said judgment of said county court on said bond. 
And it appearing to this Assembly, that said William Slade 
the father, by reason of advanced age and decays of nature, 
labours under great disadvantage in the management of his 
affairs: This Assembly do therefore appoint the selectmen 
of the town of Windsor aforesaid, for the time being, and 
their successors in said office, overseers and conservators of 
said William Slade and his estate, with full power to hear, 
examine and adjust the claims and demands of all persons 
for the past support of said William Slade and for all services 
relative thereto, and to adjust the demands of the petitioners 
relative to the preferring the aforesaid petition, and to allow 
their reasonable demand for service and disbursments in the 
premises. And it is also resolved by this Assembly, that the 
said selectmen be fully impowered to sell, dispose of and 
firmly convey to any purchaser or purchasers, so much of the 
said lands conveyed by him, the said William Slade, to the 
said deceased as aforesaid, remaining now unsold, as shall be 
sufficient to pay and satisfie the demands aforesaid when 
ascertained by said selectmen's adjustment, and to pay off 
and satisfie the same by the avails of said sale or sales ; and 



1767.] OF CONNECTICUT. 673 

that said selectmen from time to lime take care that said Wil- 
liam be comfortably supported and provided for, and lay their 
future accounts thereof before the county court for Hartford 
county at convenient times for their adjustment, and the same 
beino; allowed, the said selectmen are also impowered to sell 
and dispose of so much of the lands aforesaid as shall be 
necessary from time to time to defray the charges and ex- 
pence of said support and necessary charges arising by means 
of the premises, excepting what the selectmen obtain by the 
improvement of said lands in the mean time, towards his, the 
said William's, support. 

Upon the petition of Robert Ray, of the city and Prov- 
ince of New York, (the now only surviving partner of the 
late company of Robert and Richard Ray of said New York, 
merchants in company,) representing that the petitioner and 
the said Richard in his life lime, before the adjourned county 
court held at Hartford on the 3d Tuesday of June, 1764, re- 
covered two certain judgments against Josiah Burnham, of 
Farmington in said county, one for the sum of X242 16 3, 
New York money, damages, and £2 15 9, lawful money, 
costs, the other for the sum of X336 10s. Id. New York 
money, and £2 15s. 9d. lawful money, and prayed out exe- 
cutions thereon, and delivered the same into the hands of 
John Skinner jun., sheriff's deputy ; that said sheriff's deputy 
on the 6th of October, 1764, levied the same on certain lands 
lying in said Farmington belonging to said Burnham &c., and 
afterwards proceeded to have the same apprised &c. in order 
to the satisfying of said two executions &c. : that one way 
and another the said sheriff's deputy was delayed and omitted 
to make return of his doings thereon within the time limited 
in said executions, and that therefore the ]jetitioner and said 
Richard had not acquired a full and ample title to sai(f lands, 
&c. ; as per petition &c. ; praying that he may pray out alias 
executions on said two judgments recovered in June afore- 
said against said Burnham &c. : Resolved by this Assembly, 
that the clerk of the county court in said county of Hart- 
ford do reissue said two executions on said two judgments, 
and that said officer do proceed and perfect his levying the 
same on the lands of said Burnham taken and apprized as 
aforesaid, viz: so much thereof as shall amount to the sums 
of said executions with the charges arising thereon; and that 
the doings of said officer and said apprizers being fully ex- 
pressed in writing, attested by said officer and annexed to 
said executions, and the same returned and recorded as the 
law directs, shall be as good and valid in law and as compleat 



574 PUBLIC RECORDS [May, 

evidence of a title to such lands so taken and levied upon, as 
aforesaid, as though the same had been compleated and fin- 
ished as aforesaid. 

Upon the petition of Richard Van Dyck, of the city and 
Province of New York, administrator on the estate of Eliza- 
beth Strang, late of Rye in tlie county of Westchester and 
Province aforesaid, and now deceased, shewing to this As- 
sembly that he, as administrator as aforesaid, brought his 
certain action of trover and conversion against Daniel Strang, 
of Rye aforesaid, to Fairfield county court held in Fairfield 
on the 3d Tuesday of November, 1765, for certain goods and 
chattels Ijelonging to the estate of said deceased, and that said 
action came by sundry legal removes to the adjourned county 
[265] II court held in Fairfield on the 4th Tuesday of Janu- 
ary last past, when and where the parties were at issue before 
the court and jury on the plea of not guilty, and that verdict 
and judgment in said action were against said Van Dyck. and 
that thereupon he moved for and was admitted an appeal from 
said judgment to the superior court to be held in said Fair- 
field in February then next, but that by meer accident and 
mistake he omitted duly to give bond to prosecute said appeal; 
praying for leave to enter his said action for tryal in the su- 
perior court to be held in Fairfield in Fairfield county on the 
last Tuesday save one in August next, on his giving bond to 
answer all such damages and cost as may be recovered 
against him ; as per petition on file : Resolved by this As- 
sembly, that the petitioner have leave, and leave and liberty 
is hereby granted to him, to enter and prosecute his said 
action by way of appeal in the superior court to be holden in 
Fairfield in Fairfield county on the last Tuesday save one in 
August next for tryal, on his giving sufficient bond before 
said court to prosecute his said action to effect and answer all 
costs and damages in case he fail therein. 

Upon the petition of Daniel Lothrop and Sarah Marsh of 
Norwich, administrators on the estate of Jonathan Marsh late 
of said Norwich, deceased, against Pygan Adams, Esq"", and 
Joseph Coitof New London, complaining of error in the judg- 
ment of the superior court held at Norwich on the 4th Tues- 
day of March last, in an action wherein the said Jonathan 
Marsh in his life time was plaintiff and the petitioners since 
his death, and the petitionees were defendants, in the assess- 
ing the damages in said case ; praying to have said judgment 
reversed, and to have liberty of a new tryal in said case for 
the purpose of having the said damage assessed, with liberty 
to have the same done by a jury of inquest; as by the peti- 



1767.] OF CONNECTICUT. 575 

tion on file : Resolved by this Assembly, that the said jndg- 
meiit com])lained of is erroneous, and the same is licrcby re- 
versed and set aside, and liberty is granted to the ])etitioners 
to enter their said action at the snperior court to be held at 
New London on the fourth Tuesday of September next, for 
the purpose of having the said damages assessed, and which 
the said court are hereby directed to cause to be done by a 
jury of inquest for that purpose to be impanelled. 

Upon the petition of Sa_muel Tozer of Colchester, repre- 
senting to this Assembly that he with one William Claik of 
said Colchester were jointly indebted unto Joseph Webb late 
of Weathersfield, deceased, in his life time, in a large sum fur 
goods and merchandize by them bouglit and received of said 
Webb, in partnership, and that the petitioner was also in- 
debted to said Webb on his own private account ; that after 
the decease of said Joseph Webb the petitioner was prevailed 
upon by Mr. Silas Dean of said Wreathe rsfield, (who hath 
married the widow of said deceased and is administratrix on 
the estate of said deceased,) to convey and make over to tlic 
said Silas and Mehitabel his wife, said administratrix, all his 
estate both real and personal, upon the agreement and promise 
of the said Silas that he, the petitioner, should have and enjoy 
said estate as long as he pleased, paying the interest arising 
on said debts, and also that the said Silas should and would 
pay all other debts that the petitioner owed and save him 
from all cost and expence thereon, and hold the said estate in 
trust for the benefit of the petitioner; that the said Silas 
having gotten conveyances of said estate, his agreement not- 
withstanding, immediately divested the petitioner of the pos- 
session of all said estate both real and personal, suffered and 
caused him to be imprisoned, and hath left him and his fam- 
ily in a most distressed condition, although said estate is much 
more than sufficient to pay all the petitioner's debts &c. ; pray- 
ing for relief &c. as per petition on file : Resolved by this As- 
sembly, that Joseph Spencer, Esq"", Capt. Joshua West of 
Lebanon, and Capt. Richard Alsop of Midletown,be and they 
are hereby appointed a committee with full power to call be- 
fore them said parties, at such time and place as they sliall 
appoint, and fully examine into all matters set forth in said 
petition by examining the parties upon oath or otherwise, and 
all other evidences and exhibits relative thereto, together 
with all attending circumstances ; and of what they should 
find together with their opinion thereon to make report to this 
Assembly at their next session, or as soon as may be. 

[266] Upon the petition of W^illiam Roberts, of Amcnia 



576 PUBLIC RECORDS [May, 

precinct in Dutchess county and Province of New York, repre- 
senting that Samuel Smith, of Sharon in the county of Litch- 
field, at an adjourned county court held at Litchfield on the 
first Tuesday of August, 1766, recovered judgment against 
him for the sum of one hundred pounds New York money, on 
a note of hand whicli was given by the petitioner to said 
Smith for one certain negro man slave for life to said Smith, 
whom said Smith delivered to the petitioner to sell and dispose 
of for him, with instructions to the petitioner that if he could 
not sell said negro he might send him home at the proper 
risque of him, said Smith, and in that case said note was to 
have been given up ; which negro the petitioner, not being able 
to sell, did dismiss in order to return home, but said negro 
hath never returned home and is lost, and the said Smith hath 
contrary to his engagements refused to deliver up said note, 
but liaving recovered judgment thereon hath procured an exe- 
cution thereon to be levied on the petitioner's land ; praying, 
&c. : Resolved by this Assembly, that the Honi^'e William Pit- 
kin jun., Esqr, of Hartford, John Williams, Esq % of Sharon, 
and Daniel Sherman, Esq% of Woodberry in Litchfield county, 
be and they are hereby ap[»ointed a committee to examine 
and enquire into the matters alledged and complained of in 
said petition, and to make report of what they shall find to- 
gether with their opinion thereon to the General Assembly in 
their present or next session. 

Whereas Silas Dean and Mehitabel his wife, of Weathers- 
field, administrators on the estate of Joseph Webb, deceased, 
preferred their petition against Joseph Forbes the 3d, and 
others, to this Assembly in October last, on which a commit- 
tee Avas appointed to enquire &c. and make report to this As- 
sembly at their then or the present session, which business by 
reason of the absence of one of the parties concerned cannot 
conveniently be done at this time : Wherefore the considera- 
tion of the said petition and the matters thereof, as also the 
appointment and powers of the said committee, are further 
continued to the sessions of this Assembly in October next : 
the said committee in the meantime to proceed upon said bus- 
iness as soon as with convenience may be done. 

Upon the petition of Silas Dean of Weathersfield and Mehit- 
abel his wife, administrators on the estate of Joseph Webb 
late of said Weathersfield, deceased, against Timothy D wight 
of Northampton, Esq^ and Seth Dwight of Somers, execu- 
tor of the last will of Samuel Dwight late of Enfield, deceas- 
ed, representing that the said Samuel and Timothy beingown- 
ers, in the life time of the said Samuel, of certain iron-works 



1767.] OF CONNECTICUT. 577 

at Enfield aforesaid, in September, 1759, bargained and sold a 
quarter part of said iron -works and lands adjoining and appur- 
tenances to the said Joseph Webb, and took his certain notes for 
the purchase money to the said Timothy Dvvight for £100 Os. 
Od. payable in the produce of said works, which notes are now 
put in suit, notwithstanding the said Samuel who was to have 
given to said Webb his deed of said quarter part of said [)rem- 
ises hath neglected and refused to acknowledge and fully exe- 
cute and compleat such deed, and notwithstanding, as is 
allcdged in said petition, the said Webb in his life time turned 
into said works a large quantity of pig-iron to be wrought up, 
in order to pay said purchase monies ; praying to have said 
notes vacated &c.. as per petition on file : Resolved by this 
Assembly, that Colo. John Pitkin, Mr. Alexander Wolcott and 
Mr. Roger Newberry be a committee, and they are hereby ap- 
pointed a committee, to enquire into the said several matters 
alledged in said petition and all matters relating thereto, and 
make report of what they shall find with their opinion thereon 
to this Assembly at their present or next sessions. 

Upon the petition of John Herpin of Milford, against Messrs. 
Oliver Delancey and company, and others his creditors in New- 
york, representing to this Assembly that in the year 1762, the 
petitioner finding his affairs and circumstances in trade to be 
bad, proposed to his said creditors to compound his said debts 
to and with them by {jaying and delivering up to them all he 
had, and then to be discharged from his said debts; further 
representing that they consented to said proposal, and accord- 
ingly took and received of the petitioner into their own hands 
the whole of his effects, but have refused to give him such dis- 
charge ; praying for relief in the premises, as per the petition 
on file : Resolved by this Assembly, that Theophilus Nickels, 
Samuel Adams and William Burr, Esq-'S be and they are 
hereby appoined a committee, with full power to enquire into 
the several matters contained in said petition, and make their 
report of what they shall find with their opinion thereon to 
this Assembly at their present or next sessions. 

[267] Upon the petition of Peter Treat of Glastonbury, and 
Ebenezer Holeman of Windsor, against John Coleman, Russel 
Woodbridge and Joseph Mcakins of Hartford, trustees of 
Samuel Holman of said Hartford, an insolvent de'otor, shew- 
ing to'this Assembly that since the proceedings againt the said 
Samuel upon the said insolvent q,ct they, the petitioners, had, 
at the request and to oblige the said Samuel, given their joint 
security to the Treasurer of this Colony for the sum of £23 
10s. l^d. in lieu of so much due from the said Samuel to this 
73 



578 PUBLIC RECORDS U^^Jy 

Colony, expecting to have and receive that sum out of the hands 
of said trustees, liut that the said trustees refused to pay and 
allow the same as thinking by law they could not be justified 
in paying the same under the circumstances ; praying for re- 
lief &c., as per the petition on file : Resolved by this Assem- 
bly, that the petitioners have and receive the said sum of <£23 
10s. lie?., lawful money, out of the estate of the said Samuel 
Holman in the hands of the said trustees, and they, the said 
trustees, are hereby ordered and directed to pay the same ac- 
cordingly, and in default thereof execution to issue therefor at 
the suit of the petitioners. 

Upon the petition of Benjamin Gale, Esq% of Killingworth, 
against Jeremiah Nettleton of said Killingworth, to this As- 
sembly, complaining of error in the judgment of the superior 
court held at New London on the 4th Tuesday of September, 
1766, in an action wherein the said Benjamin Gale was plain- 
tiff and the said Jeremiah Nettleton was defendant, per writ 
dated the 29th day of May, 1766, upon a demurrer to the dec- 
laration ; praying to have the said judgment reversed &c., as 
per the petition on file : Resolved by this Assembly, that the 
said judgment of the said superior court complained of is 
erroneous, and the same is therefore hereby reversed and set 
aside ; and the petitioner has liberty granted him to enter his 
said action again for tryal at the superior court to beheld at 
New London aforesaid on the fourth Tuesday of September 
next. 

Whereas Edward Hallick, of New Borough in the Province 
of New York, brought his petition agains-t Samuel Hall 3d of 
Wallingford, and David Jones, Esq"", of Brookhaven on Long 
Island, to this Assembly in October last, on which petition a 
committee was appointed to enquire and report of the matters 
in said petition contained, which committee have not been able 
to go through with their work : Therefore resolved, that said 
petition be further continued to the session of tliis Assembly 
in October next, to which time the power and authority of the 
said committee is likewise continued, for the purpose of finish- 
ing the business and trust committed to them. 

Whereas a petition of Thomas Elmore of Windsor, against 
Roswel Mills of said Windsor, and Isaac Bidwell of Farming- 
ton, was preferred to this Assembly in October last, and there- 
on a committee being appointed to enquire into the matters 
contained in said petition and make report to that or the then 
next session of Assembly, and the said business not having as 
yet been attended, the said petition is further continued to the 
session of this Assembly in Octobev iiext, and tjic said com- 



1767.] OF CONNECTICUT. 579 

mittee before appointed are hereby further impowered to en- 
quire &c., and make their report to this Assembly at their pres- 
ent or next sessions. 

Upon the petition of Adam, an Indian, one of the descend- 
ants of the Newhaven or Quinepiaug Indians, in behalf of 
himself and the rest of said tribe, preferred to this Assembly 
in October last, against Timothy Tuttle jun. and Joseph Tut- 
tle, of said Newhaven, shewing to this Assembly that the i)ro- 
prietors of said town in the course of their ancient transac- 
tions had set apart and reserved for the use of the said In- 
dians, so long as any of them should be remaining, about thirty 
acres of laud at or near a place called South End in said New- 
haven, the use of which to said Indians was and had been se- 
cured by John Morris late of said Newhaven, deceased, in and 
by a certain writing or covenant under hand and seal, dated 
April 26th, 1741, entered into by the said John Morris with 
the said proprietors in behalf and for the benefit of the said 
Indians ; complaining that said John Morris had sold said 
lands absolutely and without any reservations in favour of said 
Indians, and that the same lands being by conveyance derived 
to the said Timothy and Joseph Tuttle they claimed the same 
[268] and altogether hindered and || prevented the said In- 
dians from improving and taking any benefit by the same ; 
praying for relief in the premises and that some suitable per- 
son might be appointed to act and manage for them, the said 
Indians, as their agent, and thereupon Mr. Samuel Bishop jun., 
of said Newhaven, was appointed their agent as aforesaid, and 
also a committee was at that time a])pointed to enquire into 
and report make of the matters contained in said petition ; 
which committee have now reported, that such reservation in 
favour of said Indians was made as aforesaid: the said about 
thirty acres of land consisting of three pieces in the new In- 
dian field, to be kept properly fenced by the said John Morris, 
his heirs and assigns, so as to secure the summer growth, and 
improveable by the said Indians by planting one of said pieces 
each year, i. e. the whole alternately once in three years ; fur- 
ther also reporting that the said Indians, some of whom still 
remain, have had such use and improvement of said lands 
until within a few years last past they had been disturbed and 
hindered in their said improvement by the said Timothy and 
Joseph ; and giving it as their opinion that the said Indians 
ought undisturbedly to hold and enjoy the said lands in man- 
ner aforesaid, so long as any of the said tribe remain ; which 
report hath l)een accepted : Whereupon it is resolved and 
ordered by this Assembly, that the said Indians, all and any 



680 PUBLIC RECORDS [May, 

of them so long as any of them or said tribe sliall continue and 
remain, shall and may at all times use, occupie and enjoy the 
said about thirty acres of land for planting, according to the true 
intent and meaning of the said articles of covenant and agree- 
ment, without any let, hindrance or molestation from the said 
Timotliy and Joseph Tuttle, their heirs or assigns, or any other 
person, and that they, the said Timothy and Joseph, their heirs 
and assigns, do keep said fences in ju'oper repoir as aforesaid. 
And further, this Assembly doth impower Samuel Bishop, 
Esq"", of Newhaven aforesaid, as agent for said tribe of Indians, 
from time to time to inspect into their affairs, so far as respects 
the lands aforesaid, and to prosecute in the law any actions 
that may be proper and necessary for and toward the said 
Indians having and enjoying the said about thirty acres of 
land, according to the true intent and meaning of said cove- 
nants and agreements. 'Tis further ordered, that the said 
Mr. Bishop, in behalf of the petitioners, recover of the peti- 
tionees their costs in prosecuting their said petition, taxed 
at £ 

An Act for making and forming' the Parish of Reading- into a distinct 
To-wn by^themselves, 

Whereas this Assembly are informed that the parish of 
Reading in the northwesterly part of the township of Fair- 
field is very remote from the main body of that town, and 
that they are by their situation almost entirely prevented 
from attending the public meetings of said town, and they 
suffer great inconveniencies thereby, and that for them any 
longer to continue as a parish of said Fairfield is very incon- 
venient : Therefore, 

Be it enacted hy the Governor, Council and Represeritatives, 
in Greneral Court assembled, and hy the authority of the same. 
That said parish of Reading be and they are hereby erected, 
made and constituted, within the limits and bounds of said 
parish, a distinct town by themselves, with all the liberties, 
priviledges and immunities which by law the other towns in 
this Colony have and do enjoy ; and that said new constituted 
town shall hereafter be called by the name of the Town of 
Redding ; with this limitation and restriction, that but one 
Representative which said new constituted town shall at any 
time choose to attend the General Assemblies shall be at the 
public expence. 

And be it further enacted by the authority aforesaid, That 
said town of Redding shall have and hold their first town- 
meeting for the choice of their town-officers for the present 
year, sometime in the month of June next, which meeting 
shall be warned by a warrant signed by any justice of the 



1767.] OP CONNECTICUT. 581 

peace in the county of Fairfield, to be directed to some in- 
different ])erson to serve, which warrant shall appoint the 
time and place at which said meetini;- is to be held, and sliall 
be served at least five days before the day appointed for the 
holding said meeting. 

Upon the memorial of James Hazelton jun., of Haddam 
in Hartford county, shewing to this Assembly that on the 
18th of l^cptember, 1765, he had an execution against Benja. 
Andrus ar.d Tabitha Andrus, of Midletown in said county, 
[269] then in the hands of Mr. Stephen Blake, then || one of 
the constables of Midletown aforesaid, for the sum of £7 
17s. 4(i., and that he then agreed with said Benjamin and 
Tabitha Andi-us to take, as a pledge or security for said sum, 
a deed of eight acres of land situate in said Midletown on 
the west side of Connecticut River, at a place called Deerfield, 
being eight rods wide at each end from east to west, bound- 
ing west on said Blake'sland, north on a highway, easterly and 
southerly on their own land, and the said deed being exe- 
cuted it was delivered to the town clerk of Midletown, and 
was to lye in his hands not to be recorded until the first of 
November then next, and in case tbey paid said sum to the 
memorialist the said deed was to be given back to said Benja- 
min and Tabitha unrecorded, and that the town clerk thro' 
mistake recorded the deed aforesaid before the first of No- 
vember aforesaid, and the memorialist finding out said mis- 
take he made and executed a deed of conveyance of said 
land to said Blake without his knowledge, and that the said 
Benjamin and Tabitha paid said sum in said execution, and 
that said Blake offered to give a deed back to said Andruss 
or to the memorialist, but was prevented by death, and the 
heirs to said Blake are all minors ; praying this Assembly to 
impower the administrators on said Blake's estate to make 
and execute a deed to said Benja. and Tabitha Andrus, or to 
Jabez Brainerd of said Haddam, who has purchased of said 
Benjamin and Tabitha Andruss said land ; as per memorial 
on file : Resolved by this Assembly, that Seth Wetmore, 
Esq'', of Midletown, one of the administrators on the estate 
of said Blake, be and he is hereby impowerod to make and 
execute a deed of release of all the right and title that said 
Blake's heirs have in or to said eight acres to said John 
Brainerd, his heirs &c. 

Upon the memorial of the selectmen of the town of Wa- 
terbury, representing to this Assembly that one Joseph 
Lewis, a distracted or impotent person, for many years past 
hath been uncapable to provide for himself, and that the said 



582 PUBLIC RECORDS [May, 

selectmen have been o))lig;ed to expend towards the support 
and maintenance of tlie said Joseph the sum of £zl 2s. 9d., 
and that said Joseph stands possessed of hinds to the value 
of £44: 5 3 ; praying for liberty to sell said lands, as per 
memorial on file appears: Resolved by this Assembly, that 
the memorialists have liberty, and liberty and authority is 
hereby given them, to make sale of the whole of the lands of 
said Joseph, and thereby discharge said sum of £27 2 9, and 
such further sum as said lands shall be sold for be laid out 
for the support and maintenance of said Joseph, in case he 
shall live so long as to have said sum expended for his sup- 
port ; and if there shall be any part of such sum remaining 
in the hands of the memorialists at the decease of said 
Joseph, then the memorialists are hereby directed to pay such 
sum unto the legal heirs of said Joseph. 

Upon the memorial of David Whitney and others, inhab- 
itants of Canaan in the county of Litchfield, representing 
that the said town of Canaan has a large impassable moun- 
tain running from the southeast corner towards tlie north- 
west, until it comes near to the west extremity thereof, 
wdiereby it became necessary to build the meeting-house, 
designed for equal benefit of said town in their weak and 
infant state, near the west extremity of said town, which 
house is now almost decayed, and not sufficient to contain the 
present inhabitants; that the said inhabitants are now able 
to support the gospel in two distinct societies ; praying that 
two societies may be formed and erected in said town by a 
line described in said memorial <fec. : Resolved by this As- 
sembly, that Colo. John Pitkin of Hartford, William Welles, 
Esq"", of Glastonbury, and John Owen, Esq"", of Symsbury, 
in the county of Hartford, be and tliey are hereby appointed 
a committee with full power, to repair to said Canaan and to 
view the circumstances and situation thereof, and to enquire 
into the present funds and estate of said town, and also the 
expediency and inexpediency of dividing by the line prayed 
for or otherwise, and generally of every other matter which 
may be necessary and conducive to the just settlement of a 
division of said town into two societies, and to report what 
they shall find, with their opinion thereon, to the Assembly 
at their sessions in Newhaven on the second Thursday of 
October next. 

[270] Upon the memorial of Joseph Isham jun. and Levi 
Wells, selectmen of the town of Colchester, shewing to this 
Assembly that on the 14th of February, 1765, Elias Wor- 
thington of said Colchester was by the selectmen of said 



17G7.] OF CONNECTICUT. 583 

town appointed to oversee, direct and order, one Moses Dodge 
of said Colchester in the management of his affairs and 
business, lie, said Dodge, by his imj»ru<lence and mismanage- 
ment being like to waste his estate and become chargealjle to 
said town ; and also shewing that there are due from said 
Dodge sundry debts, viz: one note of hand payable to Abi- 
gail Wise for the sum of five pounds, dated December 14th, 
1764, and on interest from the date thereof until paid, and 
also one note payable to Eliphalet Treadway, dated the 29tli 
of October, 1764, for the sum of thirteen shillings and six 
pence, and on interest from the date thereof until paid, and 
that the said Dodge hath no personal estate to pay and satis- 
fie said debts ; praying for liberty to sell so much of the real 
estate of said Dodge as shall be sufficient to pay said sums of 
said notes and the interest thereon arising: Resolved by this 
Assembly, that liberty be granted, and liberty and authority 
is hereby given unto Israel Foot of said Colchester, to sell 
so much of the real estate of said Dodge as shall be sufficient 
to pay the sum of said two notes and the interest arisen 
thereon, togetlier with the incident charges of such -sale, and 
the money upon such sale being received he is hereby ordered 
and directed to pay to said Wise and Treadway the sums of 
said two notes and interest, and to render his account to tlie 
selectmen of said town for the disposition of all the monies 
received for the sale of such real estate. 

Upon the memorial of Zebulon Gibbs and others, inhabit- 
ants of the south part of Litchfield in the county of Litch- 
field, shewing to this Assembly that the said inhabitants are 
grown very numerous, being about seventy families, and hav- 
ing by a grant from the General Assembly of this Colony for 
about twenty years last past had the gospel preached among 
them three or four months in each year, and tliat they are de- 
sirous of having that part of said Litchfield wherein they 
dwell, bounded as follows, viz: beginning at a double white 
oak tree standing in the line between Waterbury and Litch- 
field about four rods east of the branch of Waterbury River, 
thence running due north three miles, thence westerly a par- 
allel line with Waterbury and Woodl^ury six miles and forty- 
six rods, thence south one mile and a half, thence southerly 
to the north east corner of Judea, thence easterly by Wood- 
bury and Waterbury line to tiie first-mentioned bounds ; pray- 
ing that the same may be set off as a parish by themselves, 
and to be made a distinct ecclesiastical society, with all the 
privilcdges thereof &c., as per memorial on file : Resolved 
l)y this Assembly, that Benjamin Hall, Elihu Chauncey and 



584 PUBLIC RECORDS [May, 

Elisha Williams, Esqi's, be a committee to go, view and en- 
quire into tlie circumstances <fec. of said memorialists and 
parish <fec., and all things relative thereto, and to make their 
i-eport with their opinion thereon to the General Assembly at 
their sessions in October next. 

Upon the memorial of Samuel Ely and others, owners and 
proprietors of the lands adjoining to- Eight Mile River in 
Lyme, shewing to this Assembly that since the regulations 
made by the county court respecting the fishery in said river 
are made void, no person can fish in said river to advantage 
of the public without being exposed to the penalties of law 
provided against those who by setting seines across said river 
or otherwise obstruct the course of the fish up said river ; 
praying that a committee might be appointed by this Assem- 
bly to repair to the several places on said river useful for tak- 
ing fish, view the circumstances, and be impowered to make 
such regulations therein as they shall judge needful, or to re- 
port their opinion thereon to the General Assembly at their 
sessions in October next: Resolved by this Assembly, that 
Colo. Joseph Spencer, Daniel Brainerd, Esq"", of East EJad- 
dam, and Eleazer Mather of Lyme, be a committee, and they 
are hereby impowered, at the cost of the memorialists, to 
view the circumstances of the places useful for fishing in said 
river, and report to the Assembly at their sessions in October 
next, with their opinion thereon. 

Upon the memorial of Humphrey Avery, of Norwich in 
the county of New London, representing that the General As- 
sembly of the Colony of Connecticut at their sessions at 
Hartford on the second Thursday of May, A.D. 1750, were 
graciously pleased, as an act of favour, to grant to the memo- 
rialist the sum of two thousand and one hundred pounds out 
[271] of the Colony treasury, in bills of credit old tenor || 
on the Colonies of Rhode Island and New Hampshire, for the 
space of two years free of any interest, to relieve the memo- 
rialist under his then distressing circumstances, occasioned by 
the destruction of his dwelling-house, furniture, provisions 
&c., by fire, and gave his obligation with sureties, payable to 
the Governor and Company of this Colony in two years, for 
tiie like sum in bills of credit of this Colony, and that before 
said bond become due and payable, viz: about the month of 
October, A.D. 1751, the memorialist had procured said sum 
of X2100 Os. Ot^. in Rhode Island and Newhampshire bills^ 
but found it difficult to procure said sura in Connecticut bills 
specified in said bond, and that althu the memorialist had 
previous to the day of payment provided a sufficient sum to 



1767.] OP CONNECTICUT. 585 

payoff said l)ond of the same bills he received, yet it was out 
of his power to procure said sum in Connecticut hills, until 
afterwards at a very great expence the memorialist procured 
said. Connecticut. bills and paid off' the full sum of £2100 Os. 
Od. specified in the condition of said obligation, on the 26th 
of Novemljer, A.D. 1754, and that since that time an action 
hath l)een connnenced and now pending in law against the 
memorialist on said bond ; and the memorialist prays to he 
released from any further payment on said bond, for that the 
full of the principal sum received he hath long since paid, 
and that the procuring of the exchange of said hills had cost 
him more than six per cent. ; and praying this Assembly to 
release him from any further payment on account of said 
bond, except the cost arisen as aforesaid : Resolved by this 
Assembly, that the memorialist shall be released and acquit- 
ted and discharged, and he is therefore hereby released, ac- 
quitted and discharged from any further demand on account 
of said bond: he paying the cost arisen as aforesaid in said 
action commenced as aforesaid. 

Upon the memorial of Selah Hart of the ])arish of Ken- 
sington, and others, inhabitants of said Kensington, repre- 
senting that the meeting-house in said society of Kensington 
is become ruinous, unsafe, indecent, and uncomfortable to 
meet in in order for public worshi[), and that a place in said 
society for building a new meeting-honse hath been duly ascer- 
tained, and that no vote or agreement of said society can be 
obtained, either for repairing said old meeting-honse or for 
building a new one at said place, whereby the attendance of 
the inhabitants of said society on public worship is rendered 
uncomfortable, and will probably be entirely impeded without 
the interposition of the Assembly; praying that some effec- 
tual measures may be pursued to compel the inhabitants of 
said society either to repair said old meeting-house or to build 
a new one at the charge of said society, as by their memorial 
may at large appear : Resolved by this Assembly, that Joshua 
West, Esqf, Colo. Ir^amuel Talcott and Major Erastus Wolcott, 
be a committee to enquire into the situation and circum- 
stances of said society &c., as prayed for in said memorial, 
and i-eport their opinion in the premises to the General As- 
sembly at their sessions in October next. 

Upon the memorial of John Wilcox, of the society of West- 
field in the township of Midletown, and others, inhabitants of 
said society, representing that a stake for building a meeting- 
house having been fixed hy a committee of the county court, 
east of a place which had before been fixed on for that pur- 
74 



686 PUBLIC RECORDS [May, 

pose by a former committee, wliicli last stake is far east of 
the center of said society, and that there is a much larger list 
and greater quantity of land and more inhabitants on the 
west side of said stake than on the east, and that some mat- 
ters were misrepresented before said last committee, and that 
a great uneasiness subsists among said inhabitants with re- 
spect to said place affixed by said last committee : Resolved 
by this Assembly, that John Pitkin, Joshua West and Wil- 
liam Hilhouse, Esq''^ be and they are hereby appointed a com- 
mittee with full power, to view said society of Westfield, and 
to examine the matters referred to in said memorial, and to 
affix a place for the building a meeting-house in said society, 
and to make return of their doings to the General Assembly 
in October next. 

Upon the memorial of Eunice Harris of Weathersfield, ad- 
ministratrix on the estate of Abraham Harris late of Weathers- 
field, deceased, shewing to this Assembly that the debts and: 
charges due from the estate of said deceased, with necessaries 
set out to the widow of said deceased, surmount the moveable | 
part of said estate the sum of <£20 15s. 2id. lawful money;] 
praying for liberty to make sale of so much of the real estate! 
of said deceased as to raise the said sum with incident chargesl 
of said sale, as per memorial on file &c. ; Resolved by thisj 
Assembly, that the said Eunice Morris [sic.'] have liberty, 
and liberty is hereby granted to the said Eunice Morris, to 
make sale of so much of the real estate of said deceased as 
shall raise said sum of X20 15s. 2^c?. lawful money, with in- 
cident charges arising on said sale ; taking the advice of the 
court of probate in the district of Hartford therein. 

[272] On the memorial of Oliver Wolcott of Litchfield, 
administrator on the estate of Friend Grant late of said Litch- 
field, deceased, shewing that the account of debts due from 
said estate surmount the personal inventoried estate of the 
said deceased the sum of <£262 10s. 10c?. lawful money, and 
that said Friend dyed possessed of a considerable real estate, 
and thereupon praying for liberty to sell so much of the land 
of the said deceased as will procure the said sum of <£262 10s. 
lOd. lawful money, together with the incident charges arising 
on sucli sale : Resolved by this Assembly, that the memori- 
alist have liberty and he is hereby authorized and impowered, 
to sell so much of the land of said deceased as will procure the 
aforesaid sum of £262 10 10, lawful money, together with the 
incident charges arising on such sale ; taking the directions 
of the court of probate in the district of Litchfield therein. 

ypon the memorial of Samuel Nothway and others, repre- 



1767.] OF CONNECTICUT. 587 

senting tliat for a long time past and still there subsists a gen- 
eral uneasiness in the foot company or trainband in the par- 
ish of Northington in the town of Farmington in the county 
of Hartford, occasioned by a difference between Jonathan 
Millei", the present captain of said company, and the other 
officers and centinels in said company ; i)raying for a dismis- 
sion of said Capt. Miller &c. : Resolved by this Assembly, 
that tlie several matters and things in said memorial com- 
plained of be, and they are hereby, referred to the field offi- 
cers of the first regiment of militia in this Colony, and that 
they examine, hear, and report their opinion thereon to this 
Assembly at Newhaven in October next. 

Upon the memorial of Jonathan Edwards, Josiah Edwards 
and Joseph Edwards, of Midletown, shewing to this Assembly 
that tliey belong to and are situate upon the extreme borders 
of the first society in said xMidletown and near to the society 
of Kensington ; praying to be annexed to said society of Ken- 
sington, as by their memorial on file : Resolved by this As- 
sembly, that the said Jonathan Edwards, Josiah Edwards and 
Joseph Edwards be, and they are hereby, with their estates 
annexed to the said society of Kensington. 

Upon the memorial of Andrew Young, of Cornwall in Litch- 
field county, administrator on the estate of John Young late of 
Cornwall aforesaid, deceased, humbly shewingto this Assembly 
that the debts due from the estate of said deceased surmount 
the personal estate of said deceased the sum of £69 7s. l^d. 
lawful money ; praying for liberty to sell so much of the real 
estate of said deceased as shall be sufficient to pay off and dis- 
charge said surplusage of debts : Resolved by this Assembly, 
that the memorialist shall have liberty and authority, to sell 
so much of the real estate of the said deceased as shall be suf- 
ficient to raise money enough to pay off and discharge said 
surplusage of said debts with the incident charges necessarily 
arising on said sale ; taking the advice and direction of the 
court of probate for the district of Litchfield. 

Upon the memorial of William Fancher, Titus Turner and 
John Humiston jun,, all of Litchfield in Litchfield county, 
shewing to this Assembly that they are so situated that tis 
much more convenient for them to attend the public worship 
of God at the public meeting-house in the parish of North- 
berry in the town of Waterbury in Newhaven county than at 
said Litchfield ; praying to be set off from said Litchfield and 
annexed to said parisii of Northbury for that purpose : Re- 
solved by this Assembly, that the memorialists shall be and 



688 PUBLIC RECORDS [May, 

they are hereby set off from said Litchfield for the purpose 
aforesaid, and annexed to tlie said society of Nortlibury. 

Upon the memorial of Benjamin Stephens and Phineas 
Stephens, executors of the last will and testament of Uriah 
Stephens late of Canaan, deceased, shewing to this Assembly 
that the debts due from the estate of said deceased surmount 
the personal estate of said deceased the sum of £147 4 6, law- 
ful money ; praying for leave and authority to sell so much of 
the real estate of said deceased as to enable them by the avails 
thereof to pay off and discharge said surplus of said debts : 
Resolved by this Assembly, that the memorialists shall have 
liberty, and they are hereby authorized, to make sale of so 
much of the real estate of said deceased as shall be sufficient 
by the avails thereof to pay off and satisfie said surplusage of 
debts with the incident charges of sale ; taking the advice and 
direction of the court of probate for Sharon district in the 
premises. 

[273] Upon the memorial of Daniel Phelps and others, of 
Windsor, against the inhabitants of said town, representing 
that the bridge built some years since over the rivulet, so call- 
ed, or little river in said town, was and hath been lately great 
part thereof carried away and destroyed by the floods, and 
notwithstanding there is great need of said bridge being 
rebuilt, yet that said town had refused to build the same 
praying to have said town ordered to build the same <fec., as 
by the memorial on file : Resolved by this Assembly, that the 
said town of Windsor do build, and they are hereby ordered] 
and directed forthwith in convenient time, to erect and build] 
a good and sufficient cart bridge across the rivulet, at or nearl 
the place where the same formerly stood, and that they keep] 
up and maintain the same for the future at the proper cost 
and charge of said town. 

Upon the memorial of the proprietors of the township of Cole- 
brook, praying this Assembly would establish a highway late- 
ly surveyed and laid out by Erastus Wolcott, James Rockwell 
and Josiah Phelps, a committee of said proprietors appointed 
A. D. 1762, from the government's highway running through 
said Colebrook to the town called Number 3, to accommodate 
the public travel from Hartford to said place etc., called Num- 
ber 3 road, as per memorial on file, said survey being exhibit- 
ed and laid before this Assembly : It is resolved by this As- 
sembly, that said highway as the same is surveyed and laid 
out by the committee aforesaid be, and it is hereby, approved 
and accepted, and made a public highway ; and said survey is 
ordered to be entered on the public records of the said Cole- 



1767.] OF CONNECTICUT. 689 

brook, and that shall ascertain and confirm said hi^liway to lie 
a put)lic way, under the same regulation of law that other 
puljlic highways in this Colony are. 

Upon the memorial of the inhabitants of tlie society of Ken- 
sington, setting forth many difficulties they labour under with 
regard to the placing their meeting-house &c. ; praying to be 
divided into two distinct societies by a north and south line, 
as by the memorial on file : Resolved by this Assembly, that 
there be a committee, and Samuel Talcott, Joshua West, Esq^s, 
and Major Erastus Wolcott, are here))y af^pointed a committee 
with full power, to repair to the said parish of Kensington, 
enquire into, view and consider the situation and circumstan- 
ces of the said society, and report to this Assembly in Octo- 
ber next their opinion what may be proper and best to be done. 

Upon the memorial of Nathaniel Farnam of Windham, ad- 
ministrator on the estate of Solomon Farnam of said Wind- 
ham, late deceased, shewing to this Assembly that the debts 
and charges due from said estate surmount the moveable es- 
tate of said deceased the sum of X14 Os. lOd. lawful money ; 
praying for liberty to sell so much of the real estate of said 
deceased as will procure said sum of £14 Os. lOd. lawful 
money, with incident charges arising thereon : Resolved by 
this Assembly, that the said Nathaniel Farnam have liberty, 
and liberty and authority is hereby given to said administra- 
tor, to sell and dispose of so much of the real estate of said 
deceased as to amount to the sum of £14 Os. lOd. lawful 
money, with incident charges arising on such sale ; taking the 
directions of the court of probate for the district of Windham 
therein. 

Upon the memorial of Sarah Lyman, of Torrington in Litch- 
field county, administratrix on the estate of Sibel Lyman late 
of said Torrington, deceased, shewing to this Assembly that 
the debts due from the estate of said deceased surmount the 
personal estate the sum of X50 12s. 6c?. lawful money; pray- 
ing for liberty to sell a sufficiency of the real estate of said 
deceased to discharge said surplusage of debts : Resolved by 
this Assembly, that the memorialist be impowered and author- 
ized to make sale of so much of the real estate of the said 
deceased as shall be sufficient to raise said sum of £50 12.s. 6d. 
lawful money, with the incident charges arising on said sale ; 
taking the advice and direction of the court of probate for the 
district of Litchfield. 

Upon the memorial of Josiah Olcott, Timothy Checney and 
others, dwellers, householders and inhabitants of that part of 
Hartford called the Five Miles, on the east side of Con- 



590 PUBLIC RECORDS [May, 

necticut River, shewing to this Assembly that they, by their 
situation, are at such distance from the place of public wor- 
ship in the society to which they belong that they cannot 
conveniently attend; praying that they and those within cer- 
tain limits, in said memorial mentioned, might be made an 
ecclesiastical society &c. : Resolved by this Assembly, that 
Shubael Coiiant of Mansfield, John Chester of Weathersfield, 
and Zebulon West of Tolland, Esq^s, be a committee, and 
they are hereby appointed a committee, to repair to said east 
society of Hartford, view the circumstances thereof with the 
circumstances and situation of the memorialists, and make 
report of what they shall find with their opinion thereon to 
this Assembly to be holden in October next. 

[274] Upon the memorial of Malachia Corning and Nathan 
Corning, administrators on the estate of Malachi Corning 
late of Hartford, deceased, shevnng to this Assembly that the 
debts and charges due from the estate of the said Malachi 
Corning, deceased, with necessary moveables set out by the 
court of probate to the widow of said deceased, surmount 
the moveable estate of said deceased the sum of eighty-four 
pounds twelve shillings and three pence, lawful money, and 
praying for liberty to make sale of so much of the real estate 
of said deceased as will raise said sum with the incident 
charges of sale: Resolved by this Assembly, that Mr. Lem- 
uel White of said Hartford, in behalf of the memorialists, 
be impowered, and he is hereby impowered, to make sale of 
so much of the real estate of the said Malachi Corning, 
deceased, as will procure the said sum of <£84 12s, 'Sd. law- 
ful money, together with the incident charges of such sale ; 
taking the advice of the court of probate for the district of 
Hartford therein. 

Upon the memorial of Joseph Curtiss, of Stratford in Fair- 
field county, conservator over John Johnson of said Stratford, 
a person non compos mentis, representing to this Assembly 
that he hath expended towards the support of said Johnson 
the sum of X32 16 11, lawful money, the same being allowed 
by the county court within and for the county of Fairfield ; 
praying that so much of the real estate of said Johnson may 
be sold as will be sufficient to pay and satisfie said sum with 
the incident charges arising thereon <fec., as per memorial on 
file : Resolved by this Assembly, that the memorialist have 
liberty, and liberty and authority is hereby granted to him, to 
sell so much of the real estate of said Johnson as shall be 
sufficient to pay and satisfie said sum of £32 16 11, lawful 
money, with the incident charges arising thereon. 



1767.] OF CONNECTICUT. 591 

Upon the memorial of Mathew Hubbel and Margaret He- 
cock, administrators on the estate of Samuel Hecock late of 
Woodbury in Litchfield county, deceased, shewing to this 
Assembly that the debts, charges and allowances against said 
estate surmount the moveable part of said estate the sum of 
.£92 10s. 3d., and praying for liberty to make sale of so 
much of the real estate of the said deceased as to make said 
sum ttc, as per memorial on file : Resolved by this Assem- 
bly, that the said Mathew Hubbel have liberty, and he is 
hereby impowered, to make sale of so much of the real estate 
of the said deceased as to make said sum of £92 10s. 3(i. 
lawful money, with the incident charges arising on said sale ; 
taking the direction of the court of probate for the district 
of Woodbury. 

Upon the memorial of Solomon Martin and Phebe Fair- 
child, administrators on the estate of Daniel Fairchild late of 
Woodbury in Litchfield county ,deceased, shewing to this Assem- 
bly that the debts, charges and allowances against said estate 
surmount the moveable part of said estate the sum of £17 17s. 
Id. lawful money, and praying for liberty to make sale of so 
much of the real estate of said deceased as to make said sum 
&c., as per memorial on file : Resolved by this Assembly, 
that the said administrators have liberty and they are hereby 
impowered, to make sale of so much of the real estate of the 
said deceased as to make said sura of £17 17 7, lawful 
money, with incident charges arising on said sale; taking the 
direction of the court of probate for the district of Wood- 
bury therein. 

On the memorial of Josiah Brinsmead, administrator on 
the estate of Joanna Leavit late of Fairfield, deceased, shew- 
ing to this Assembly that the debts exhibited against the 
estate of said deceased to the court of probate for the district 
of Fairfield and allowed by said court surmount the inven- 
toried moveable estate with the credits of said deceased tlie 
sum of £23 18s. 5d. lawful money; praying liberty to sell 
so much of the real estate of said deceased as will be suffi- 
cient to pay and satisfie said sum of £23 18s. 5d. lawful 
money, with the incident charges that may arise on such sale: 
Resolved by this Assembly, that the memorialist have liberty, 
and he is hereby authorized and impowered, to sell so much 
of the real estate of said deceased as will be sufficient to 
pay and satisfie the aforesaid sum of £23 18 5, lawful 
money, together with the incident charges that may arise on 
such sale ; taking the direction of the court of probate in the 
district of Fairfield therein. 



592 PUBLIC RECORDS [May, 

Upon tlie memoi-ial of William Clark, administrator on the 
estate of Ambrose Clark late of Midletown, deceased, shew- 
ing to this Assembly that since lie had liberty to sell lands to 
pay the debts of the said deceased, other debts have appeared 
to the amount of X8 18s. 5d. lawful money, and thereupon 
praying for liberty to sell more lands &c. : Resolved by this 
Assembly, that the memorialist have liberty, and he is hereby 
authorized and impowered, to sell so much more of the lands 
of the said deceased as will procure the aforesaid sum of 
<£8 18 5, together with incident charges arising on such 
sale ; taking the directions of the court of probate in the dis- 
trict of Midletown therein. 

[275] On the memorial of James Hill, administrator on 
the estate of Elnathan Parrack late of Fairfield, deceased, 
shewing to this Assembly that the debts exhibited against the 
estate of said deceased to the court of probate for tlie district 
of Fairfield and allowed by said court, with an allowance of 
necessaries made to the widow of said deceased, surmount 
the inventoried moveable estate with the credits of said 
deceased the sum of £55 8s. Id. lawful money ; praying for 
lil)erty to sell so much of the real estate of said deceased as 
will be sufficient to pay and satisfie said sum of £50 8s. Id. 
lawful money, with the incident charges that may arise on 
such sale: Resolved by this Assembly, tiiat the memorialist 
have liberty, and he is hereby authorized and impowered, to 
sell so much of the real estate of said deceased as will be 
sufficient to pay and satisfie the aforesaid sum of =£55 8 7, 
lawful money, together with the incident charges that may 
arise on such sale ; taking the directions of the court of pro- 
bate in the district of Fairfield therein. 

On the memorial of Abraham Brooks of Haddam, admin- 
istrator on the estate of David Smith late of Haddam, de- 
ceased, shewing to this Assembly that since he had liberty to 
sell land to pay the debts of said deceased, other debts have 
appeared to the amount of <£16 5s. 8ld. lawful money, and 
thereupon praying for liberty to sell more lands : Resolved 
by this Assembly, that the memorialist have liberty, and he 
is hereby authorized and impowered, to sell so much more of 
the lands of said deceased as will procure the aforesaid sum 
of <£16 5s. 8td. together with the incident charges arising on 
such sale ; taking the directions of the court of probate in 
the district of Midletown therein. 

On the memorial of James Bacon, administrator on the 
estate of Nathan Bacon late of Midletown in the county of 
Hartford, deceased, shewing to this Assembly that the debts 



1767.] OF CONNECTICUT. 593 

and cliarges due from said deceased, together with some 
allowance made to the widow of said deceased for necessaries 
as the law directs, surmount the moveal)le part of the estate 
of said deceased the sum of £2\ 9 3, lawful money; there- 
upon praying for liberty to sell lands, as per memorial on file: 
Resolved by this Assembly, that the memorialist have liberty, 
and he is hereby fully authorized and impowered, to sell so 
much of the real estate of the said deceased as will procure 
the aforesaid sum of <£21 Q.s-. Sd. lawful money, together 
with the incident charges arising on such sale ; taking the 
direction of the court of probate in the district of Midletown 
therein. 

Upon the memorial of Amos Richardson jun., of Coventry 
in Windham county, shewing that he was collector of the 
country rates in said town of Coventry for the year 1763 ; 
that it was his unhappy lot on the 24th of April, 1766, to 
have his dwelling-house take fire while he and his wife were 
absent from home, and was consumed to ashes with consider- 
able part of his provisions, cloathing and household fur- 
niture, together with his barn &c. ; that his rate-bill (in 
which were many rates unpaid and many more in part paid,) 
all burnt up by the said fire, whereby he has lost his evidence 
of what was due on said rate-bill, and has suffered great loss; 
that he had then in liis house towards twenty pounds of the 
country money that was collected and not paid into the 
treasury, of which the memorialist lost about ten pounds 
melted or otherwise buried in the ashes or under the ruins of 
the house and wholly lost to the memorialist; praying for 
some abatement, and make some allowance for the money so 
lost in his hands, as pei- memorial on file &c. : Resolved by 
this Assembly, that tlie Treasurer of this Colony be and he is 
hereby ordered and directed to allow and discount in favour 
of the memorialist the sum of twelve pounds on the rate of 
which he was collector as aforesaid. 

Upon the memorial of David Strong, administrator on the 
estate of Timothy Hutchinson late of Lebanon in the district 
of Windham, deceased, representing that the debts due from 
and the charges against the estate of said deceased surmount 
the moveable inventoried estate of said deceased in the sum 
of £4:5 19s. lid. lawful money ; praying for liberty and pow- 
er to sell so much of his real estate as will be sufficient to raise 
said sum for the purpose of paying said debts with the inci- 
dent cliarges of sale, as per memorial on file ; which appear- 
ing by the certificate of the clerk of the court within said dis- 
trict : Resolved by this Assembly, that the memorialist have 
75 



594 PUBLIC RECORDS [May, 

liberty, and he is hereby apj)oiiiled and impowered, to make 
sale of so much of the real estate of said deceased as will be 
sufficient to raise said sum of £45 19s. lie?, lawful money, 
with the incident charges thereof ; taking the direction of the 
court of probate for the district aforesaid therein. 

Upon the memorial of Daniel Pratt, administrator on the 
estate of Edward Pratt late of Saybrook, deceased, shewing to 
this Assembly that the debts and charges against the estate of 
[276] said deceased, || with some allowance made the widow 
of said deceased, surmount the inventoried moveable estate of 
said deceased the sum of £52 Os. Od. lawful money ; praying 
that some suitable person might be appointed to make sale of 
so much of the real estate of said deceased as will raise said 
sum of £52 Os. Od. lawful money, with incident charges of 
sale: Resolved by this Assembly, that liberty be granted 
unto David Pratt of said Saybrook, and he is hereby impow- 
ered, to make sale of so much of the real estate of said deceas- 
ed as will be sufficient to raise the sum of .£52 Os. Od. lawful 
money, with the incident charges arising on such sale ; tak- 
ing the direction of the court of probate for the district of 
Guilford therein. 

On the memorial of Ebenezer Arnold of Midletown, sliewing 
to this As.-^embly that he hath had destroyed by mice one bill 
of thirty shillings emitted A. D. 1761, one bill often shillings 
emitted A. D. 1762, and one 12c?. bill emitted A. D. 1764, all 
bills of this Colony, and thereupon praying that the Treasurer 
of this Colony be ordered to pay and deliver to the memorial- 
ist an equivalent in money for said bills, as per memorial on 
file : Resolved by this Assembly, that the Treasurer receive 
of the memorialist the remaining pieces of said bills and in 
lieu thereof deliver to the memorialist or his order the value 
thereof in money. 

On the memorial of Comfort Coleman, executrix to the last 
will and testament of Nath' Coleman, late of Weathersfieldin 
the district of Hartford, deceased, praying for liberty to sell 
real estate of the said deceased to the amount of £102 4s. \d. 
for the payment of the debts from said estate, as per memorial 
on file : Resolved by this Assembly, that said Comfort Cole- 
man have liberty, and liberty is hereby granted to said Com- 
fort, to sell so much of the real estate of the said deceased as 
will raise the sum of £102 4s. Id. for the payment of said' 
debts with incident charges of sale ; to be sold by the direc- 
tion of the court of probate in Hartford district aforesaid. 

Upon the memorial of Phineas Barnes, of Farmington in the 
county of Hartford, and of Josiali Robinson and Ruth Robin- 



17^7.] OP CONNECTICUT. 595 

son,l)ofli of WallingTord in the county of Newhavcn, adminis- 
trators of the estate of Josiah Robinson late of said Walling- 
ford, deceased, representing that said deceased in liis life time 
became bound for the proper debt of the said Barnes to The- 
ophilact Bache of New York, in the sum of £100 O.s-. Od.New 
currency, and for liis indemnity therefor the said Barnes con- 
veyed to hun a certain piece of land, situate in said Farming- 
ton, with a house and l)arn standing thereon, containing about 
forty acres ; praying that some person might be ap])ointed to 
convey tlie same : Resolved by this Assembly, that the said 
Josiah Robinson and Ruth Robinson, administrators as above- 
said, be and they are hereby appointed and impowered, to 
make full and ample releases of all the right of said deceased 
in and to the abovementioned piece of land unto any person 
who shall purchase the same, which shall be effectual in law. 

Upon the memorial of Benjamin Hart, of Guilford in the 
county of Newhaven, conservator of the person and estate of 
Lydia Bishop of said Guilford, shewing to this Assembly that 
the account of the charge of keeping said Lydia till the 3d 
day of April last, and some other charge allowed in the coun- 
ty court in the said county of Newhaven, surmount the account 
of the rent of said estate the year past and a credit allowed in 
said court the sum of £12 19s. 2d., and that the said Lydia 
hath no moveable estate to pay said debts, and praying for 
liberty to sell so much of the real estate as may be sufficient to 
pay said sum &c. : Resolved by this Assembly, that the me- 
morialist have liberty, and he is hereby fully authorized, to 
make sale of so much of the real estate of the said Lydia as 
may be sufficient to pay said sum of £12 19s. 2^?. with inci- 
dent charges arising on such sale. 

On the memorial of Amasa Moss, administrator on the estate 
of David Moss late of Wallingford, deceased, shewing that the 
debts due from the estate of said deceased surmount the whole 
moveable estate of said deceased the sum of £89 6 10, lawful 
money, with some allowance made to the widow, and praying 
for liberty to sell so much of the real estate of said deceased 
as to enable him to pay said sum with incident charges aris- 
ing on the sale of said lands, as per memorial on file : Resolv- 
ed by this Assembly, that said administrator have liberty, and 
liberty is hereby granted to him, to make sale of so nnich of 
the real estate of said deceased as to enable him to pay said 
sum of £89 6s. lOd. lawful money, with the incident charges 
arising on the sale of said lands ; taking the direction of the 
court of probate in the district of Newhaven therein. 

Upon the memorial of Rebeccah Roberts, administratrix upon 



696 PUBLIC KECORDS [May, 

the estate of Nathaniel Roberts late of Sharon in the county 
of Litchfield, deceased, shewing to this Assembly that the 
[27 7] debts due from || the estate of said deceased, with an 
allowance made to his widow, surmount the personal estate 
tlie sum of .£19 lis. 2^d. lawful money, and praying that lib- 
erty may be granted and Mr. Joseph Lord of said Sharon ap- 
pointed and impowered, to sell so much of the real estate of 
said deceased as to procure said sum &c., as per memorial on 
file &c. : Resolved by this Assembly, that liberty be granted, 
and Mr. Joseph Lord of said Sharon is hereby appointed and 
impowered, to sell so much of the real estate of the said Na- 
thaniel Roberts, deceased, as to procure the sum of £19 lis. 
2d. Iq. lawful money, with the incident charges arising there- 
on; taking the direction of the court of probate in the district 
of Sharon therein. 

On the memorial of Joseph Peck, conservator of the person 
and estate of Ebenezer Peck of Newhaven in Newhaven coun- 
ty, shewing to this Assembly that there is allowed to him, the 
said conservator, by the county court for said county, for the 
charge of keeping said Ebenezer since April, 1765, to April, 
1767, over and above the incomes of his estate, X23 13 7, 
lawful money, and that he has nothing in his hands except 
real estate for satisfying said debts, and praying for liberty to 
sell so much of the real estate of the said PJbenezer as to raise 
said sum &c. : Resolved by this Assembly, that the memori- 
alist have liberty, and he is hereby impowered, to sell so much 
of the said real estate as to raise said sum of £23 13s. Id. law- 
ful money, together with the incident charges of sale. 

Upon the memorial of Abraham Turner and Sebe Williams, 
administrators of the estate of John Williams late of Killing- 
worth, deceased, shewing to this Assembly that the debts and 
charges exhibited and allowed in the court of probate for the 
district of Guilford, with some allowance to the widow, sur- 
mount the inventoried moveable estate of said deceased the 
sum of .£19 14 2, lawful money, and praying for liberty to sell 
so much of the real estate of said deceased as may be snfh- 
cient to raise said sum &c., as per memorial on file : Resolv- 
ed by this Assembly, that the said Abraham Turner have lib- 
erty, and he is hereby fully impowered, to make sale of so 
much of the real estate of the said deceased as may be suffi- 
cient to raise said sum of £19 14s. 2c?. lawful money, with the 
incident charges arising on such sale ; taking the direction of 
the court of probate in the district of Guilford therein. 

Upon the memorial of Abner Curtiss, of Farmington in the 
county of Hartford, and Josiah Robinson and Ruth Robinson, 



1767.] OP CONNECTICUT. 597 

both of Wallingford in the county of Ncwhavcn, adminis- 
trators on the estate of Josiah Robinson late of said Wal- 
lingford, deceased, representing- that said deceased in his 
life time became bound unto Theophilact Baclic of New 
York for the sum of £240 Os. Od. New York money, for the 
debt of said Curtiss, and for his security and indemnity therein 
the said Curtiss granted and conveyed to him a certain piece 
of land situate in said Farmiugton, [in] quantity about one 
hundred and lifty acres; prayiug some person miglit be im- 
powered to make sale of the same &c., as by the memorial at 
large may appear: Resolved by this Assembly, that the said 
Josiah Robinson and Ruth Robinson, administrators as above- 
said, be and they hereby are ap))ointed and impowered to 
make full and ample releases of all the light of said Josiah, 
deceased, in and to the above-described piece of land, which 
shall be effectual in law unto any person who shall purchase 
the same. 

Upon the memorial of John Hempstead of New London, 
collector of the country rate, shewing to this Assembly that 
on the 20th of May, 1765, at said Newlondon, being collector 
as aforesaid, he unfortunately lost his pocket-book containing 
in it a sum of proclamation money bills of this Colony, with 
sundry other papers, and that said pocket-book with its con- 
tents aforesaid was afterwards taken up and secreted by a 
negro woman slave for life, by whom the bills aforesaid to the 
amount of X9 10s. 4d. were burnt and destroyed, by which 
the memorialist inevitably lost said sum;, praying this Assem- 
bly that the same may be paid, discounted or allowed to him 
out of the Colony treasury, as per memoiial on file : Resolved 
by this Assembly, that the Treasurer of this Colony pay, dis- 
count or allow the memorialist said sum of £9 10s. 4:d. law- 
ful money, in the settlement of his, the memorialist's, ac- 
counts of his collection of rates as aforesaid. 

Upon the memorial of Joseph Atwell, administrator on the 
estate of Nathaniel Case late of Windsor, deceased, shew- 
ing to this Assembly that the debts and charges due from 
the estate of said deceased surmount the moveable estate 
of the deceased the sum of £67 18s. IQ^d. lawful money, 
[278] for the payment of which |1 the memorialist hath no 
moveal)le estate to pay the same, and therefore praying this 
Assembly to grant him liberty to sell so much of the real 
estate of the deceased as will be sufficient to raise the sum of 
sixty-seven pounds eighteen shillings and ten pence three far- 
things, lawful money: Resolved by this Assembly, that the 
memorialist have liberty, and liberty and authority is hereby 



698 PUBLIC RECORDS [May, 

granted to the memorialist, to sell so mnoh of the real estate 
of the deceased as will raise the smn of .£67 l^s. 10i^t7. with 
the incident charges arising on the sale thereof; taking the di- 
rection of the conrt of probate for the district of Hartford 
therein. 

Upon the memorial of Eunice Gardner of Hartford, ad- 
ministratrix on the estate of William Gardner late of said 
Hartford, deceased, shewing to tliis Assembly that the debts 
and charges due from the estate of the said William Gardner, 
deceased, snrmount the moveable estate of said deceased the 
sum of X249 7s. 9ld. lawful money; that said deceased dyed 
possessed of no other real estate than a certain messuage ly- 
ing in said Hartford, containing about half an acre of land 
with a mansion-house and barn &c. thereon; that notwith- 
standing the same is of more value tlian the aforesaid sum, 
yet it cannot be aparted without great loss to said estate ; 
and that it would be very much to the advantage of the heir 
to said estate, to have the whole of said messuage disposed 
of and to have the surplus of the avails thereof, after the debts 
and charges are paid, secured upon interest until the heir ar- 
rive to age; and praying for liberty to sell the whole of said 
messuage for the purpose aforesaid upon her, the said admin- 
istratrix, giving good and sufhcient security for what said mes- 
suage shall sell for more than to raise the aforesaid sum and 
incident chai-ges of sale, to the judge of probate for the dis- 
trict of Hartford, for the use and benefit of the heir to said 
estate : Resolved by this Assembly, that the said Eunice 
Gardner have liberty to make sale of the whole of said mes- 
suage, and she is hereby impowered to sell and dispose of the 
same for the most it will procure, for the raising the aforesaid 
sum of £249 Is. 9kd. lawful money, together with incident 
charges of such sale, upon her having first given bond with 
surety sufficient to the judge of probate for the district of 
Hartford for to secure for the use and benefit of the heir what 
said messuage shall produce more than to raise the sum of 
X249 7s. 9kd. lawful money, and charges of sale, together 
with the lawful interest that shall arise thereon from the time 
of sale until the heir of said estate arrive to age. 

Upon the memorial of Hezekiah Humphrey, administrator 
on the estate of James Bunce late of Symsbury in the county 
of Hartford, deceased, shewing to this Assembly that the 
debts and charges due from said estate surmount the moveable 
estate of the deceased the sum of £7 14s. 8c?. lawful money, 
and that he hath no moveable estate to satisfie the same, and 
praying to this Assembly for liberty to sell so much of the 



1767.] OF CONNECTICUT. 599 

real estate of the deceased as will raise the sum of £7 14 8, 
lawful money : Resolved by this Assembly, that the memo- 
rialist have liljerty, and liberty and authority is hereby granted 
him, to sell so much of the real estate of the deceased as will 
be sufficient to raise the sum of £7 14 8, lawful money, with 
the incident charges arising on said sale ; taking the directions 
of the court of probate for the district of Hartford therein. 

Upon the memorial of Josiah Converse, administrator on 
the estate of Ezekiel Simons late of Stafford in the district 
of Stafford, deceased, shewing to this Assembly that the 
debts, charges and allowance, allowed by the court of probate 
for the district of Stafford, surmount the personal inventoried 
estate of said deceased the sum of X12 9s. Od. lawful money, 
as per the certificate from the clerk of the court of probate 
for the district of Stafford on file will appear, and praying for 
liberty to sell so much of the real estate of said deceased as 
to laise the sum of <£12 9s. Od. lawful money, with incident 
charges of sale, as per memorial on file : And this Assembly 
gives liberty, and liberty and authority is hereby given to 
the memorialist, to sell so much of the real estate of said de- 
ceased as to raise the sum of £12 9s. Od. lawl'ul money, with 
incident charges of sale; taking the advice of the court of 
probate for the district of Stafford therein. 

Upon the memorial of Abel Merrel and others, shewing to 
this Assembly that the great bridge across the river at a place 
called Sufferage within the town of Symsbury is dec:iyed and 
needs to be repaired for the accommodation of travelling and 
for the general public convenience ; that said town of Syms- 
bury do refuse to make, maintain and repair said bridge &c., 
as per memorial &c. : Resolved by this Assembly, that the 
said bridge at the place aforesaid shall for the future be 
built, maintained and sufficiently repaired, from time to time 
as occasion shall require, at the cost and ex pence of the said 
town of Symsbury, in such way and maimer as other towns 
by law are obliged to do. 

[279] Upon the memorial of Theophilus Morgan of Kil- 
lingworth, shewing to this Assembly that his father, Capt. 
Theophilus Morgan late of Killingworth, deceased, on the 
22d day of October, 1766, executed a deed to said memorial- 
ist of sundry parcels of land in said Killingworth, as part of 
his share in his father's estate, and that before said deed was 
acknowledged before proper authority by the grantor, he was 
suddenly removed by death; praying that said deed with the 
depositions of the witnesses annexed thereto might be duly 
recorded &c., and said deed qualified to be a legal evidence 



600 PUBLIC RECORDS [May, 

&c., as per memorial on file: Resolved by this Assembly, 
that said memorialist have liberty, and liberty is hereby 
granted to him, to cause his said deed with the depositions 
thereto annexed, to be duly recorded in the town records of 
said Killingworth, and that the said deed when recorded shall 
be admitted as legal evidence, to all intents and purposes, as 
though the same had been acknowledged by the grantor while 
in life; and the town-clerk of said Killingworth is hereby 
ordered and directed to enter the same accordingly. 

Upon the memorial of Daniel Blogget of Stafford, conser- 
vator of the person and estate of John Huxley of said Staf- 
ford, shewing to this Assembly that for sundry disbursements 
laid out and advanced for the said Huxley's necessary sup- 
port and the preservation of his estate, since liberty was 
obtained from this Assembly for selling lands, amounts to 
£25 5s. lO^d. as by the certificates from the clerk of the 
county court on file appears, and praying for liberty to sell so 
much more of the real estate of the said Huxley as to raise 
the sum of <£25 5s. lO^d. lawful money, as per memorial 
on file: Whereupon tins Assembly grants liberty, and lil)erty 
and authority is hereby given to said memorialist, to sell so 
much of the real estate of the said Huxley as to raise the 
aforesaid sum with incident charges. 

Upon the memorial of Phebe Kirtland, administratrix on 
the estate of Reynold Kirtland late of East Hadam, de- 
ceased, shewing to this Assembly that the debts and charges 
due from the estate of said deceased, with some small allow- 
ance to tlie widow of said deceased, surmount the personal 
estate of the said deceased the sum of fourteen pounds ten 
shillings and nine pence, lawful money, and praying for 
liberty to sell so much of the real estate of said deceased as 
should be sufficient to raise the said sum of X14 10s. 9d. 
lawful money, with the incident charges &c. : Resolved by 
this Assembly, that the memorialist have liberty, and liberty 
and authority is hereby granted to the memorialist, to sell so 
much of the real estate of the said deceased as should be 
sufficient to raise the said sum of =£14 10s. 9d. lawful money, 
with the incident charges arising thereon ; taking the direc- 
tion of the court of probate for the district of East Hadam 
therein. 

Upon the memorial of Sarah Booth, of Stratford in Fair- 
field county, administratrix on the estate of Josiah Booth 
late of said Stratford, deceased, shewing to this Assembly 
that the debts due from said estate, with the allowance of 
necessaries to the widow, surmount the inventoried moveable 



1767.] OF CONNECTICUT. 601 

estate of the deceased the sum of ,£33 Os, 4Jc?. ; prayinp; for 
liberty to sell so much of the real estate of the said deceased 
as will answer said sum and incident charges: Resolved by 
this Assembly, tliat so much of the real estate of tlie said 
deceased Josiah Booth as will satisfie the sum of X33 Os. 
4'2d. with the incident charges of such sale be sold, and that 
Robert Walker, Esq"", have power, and power and authority is 
here!)y given to said Walicer, to sell such real estate and 
make deeds accordingly ; taking the advice of the court of 
probate for the district of Fairfield therein. 

Upon the memorial of Obadiah Johnson and Lydia John- 
son, executors to the last will and testament of Capt. Obadiah 
Johnson of Canterbury, late deceased, shewing to this 
Assemldy that tlie only provision made by said deceased in 
and by said will was his moveable estate and certain lands, 
which said executors were thereby enabled to sell and dispose 
of, for the paying of the debts and charges due on said 
estate, and that the debts and charges due on said estate 
surmount the moveable estate of said deceased together with 
said lands and real estate ordered to be sold as aforesaid, the 
sum of X1176 13s. Id. lawful money ; praying for liberty 
and authority to sell and dispose of so much of the real 
estate of said deceased as to amount to said sum together 
with the incident charges arising on such sale : It is there- 
fore resolved by this Assembly, that the memorialists have 
liberty and authority to sell and dispose of so much of the 
real estate of said deceased as to amount to the sum of 
£1176 13s. 7d. lawful money, together with the incident 
charges arising thereon; taking the directions of the court of 
probate for the district of Plainfield therein. 

Upon the memorial of Solomon Gilman and others, inhab- 
itants of the towns of Hartford, Windsor and Bolton, shew- 
ing to this Assembly that there is great need of a bridge to 
[280] be erected || and built across the river Hoccanum in 
said Hartford, upon the public road which leads from Wind- 
sor through the northeast part of Hartford to Bolton, for the 
convenience and accommodation of travellers, and praying 
this Assembly to order and decree that the town of Hartford 
should erect, build and maintain a bridge across said river in 
the place aforesaid : Resolved by this Assembly, that there 
shall be a good and sufficient bridge built across said river of 
Hoccanum at the place prayed for, convenient for all his 
Majesty's subjects to pass and repass across said river with 
carts and carriages &c., at the expence of the said town of 
Hartford; and that Williq-m Pitkin jun., Esq"", Capt. Josiah 
76 



602 PUBLIC RECORDS [May, 

Olcott and Mr. Solomon Gilman, all of said Hartford, he a 
committee for the purpose aforesaid; and that the said bridge 
shall hereafter be repaired, and kept and maintained, by said 
town in the same manner as other public bridges in said 
town are maintained and repaired. 

On the memorial of Amy Pratt, administratrix on the 
estate of Esther Pratt late of Hartford, deceased, praying 
for liberty to sell real estate for the payment of the debts due 
from the estate of said deceased, which surmount the inven- 
toried moveable part thereof the sum of £61 15s. 6d. lawful 
money, vrith incident charges of sale &c. : Resolved by this 
Assembly, that the memorialist shall have liberty, and it is 
hereby granted that tlie memorialist aforesaid have liberty, to 
sell of the real estate of the said deceased to the amount of 
£61 15 6, lawful money, for the payment of the debts due 
from the estate of the said deceased, with incident charges of 
sale ; taking the directions of the court of probates in the 
district of Hartford in the sale thereof. 

Upon the memorial of Isaac Pinney and Francis Barnard, 
administrators on the estate of Philander Pinney late of 
Windsor in the district of Hartford, deceased, shewing to 
this Assembly that the debts and charges due from the estate 
of Philander Pinney late of Windsor, deceased, surmoinit 
the moveable estate of said deceased the sum of £90 18s. 
2d. law^ful money, and praying for liberty to sell so much of 
the real estate of said deceased as will raise said sum of 
£90 18s. 2d. with the incident charges arising on such sale: 
Resolved by this Assembly, that the memorialists have liberty, 
and liberty and authority is hereby given, to sell so much of 
the real estate of said deceased as will raise said sum of 
£90 18s. 2d. with the incident charges arising on such sale; 
taking the direction of the court of probate for the district of 
Hartford therein. 

Upon the memorial of Mary Smith of Wallingford, admin- 
istratrix of the goods and estate of John Smith late of said 
Wallingford, deceased, shewing to this Assembly that the 
debts and charges allowed by the court of probate for the 
district of Newhaven against the estate of said deceased 
surmount the whole moveable estate of the said deceased 
the sum of £41 13s. 6d. lawful money, and that said de- 
ceased dyed seized of lands and real estate sufficient to dis- 
charge said sum, and praying for liberty to sell so much of 
said real estate as to answer said sum with incident charges 
&c., as per memorial on file: Resolved by this Assembly, 
that the niemorialist have liberty, and she is hereby fully 



1767.] 



OF CONNECTICUT. 



603 



impowered, to sell so much of the real estate of said deceased 
as may be suKcient to discharge said sum of .£14 13 6, 
lawful money, with the incident charges arising on such sale; 
taking the direction of the court of probate for the district 
of New Haven therein. 

Upon the memorial of Job Norton, administrator on the 
estate of Solomon Forbes late of Hartford, deceased, shew- 
ing that the debts due from the said estate surmount the 
moveable estate of said deceased the sum of nineteen pounds 
one shilling and two pence, lawful money ,• praying for liberty 
to sell real estate for the payment thereof : Resolved by this 
Assembly, that the memorialist have liberty, and he is hereby 
impowered, to sell so much of the real estate of said de- 
ceased as will be sufficient to pay said sum of X19 Is. 2d. 
with the incident charges of sale ; taking the direction of 
the court of probate for the district of Hartford therein. 

On the petition of Jehiel Grant and Abigail Grant his 
wife, both of Litchfield in the county of Litchfield, vs. Oliver 
Wolcott of Litchfield aforesaid, Esqs administrator on the 
estate of Friend Grant late of said Litchfield, deceased, as 
on file : The question was put, whether anything should be 
granted on the prayer of said petition: Resolved by this 
Assembly in the negative. Cost alloived respondent is £1 
5s. \0d. Ex. granted June 5, 1767. 

On the petition of Amos Babcock, of Asliford in the 
county of Windham, vs. Timothy Eastman, of Ashford afore- 
said, as on file : The question was put, whether the pleas 
offered on the part of the respondent in abatement of said 
petition are sufficient to abate the same : Resolved by this 
Assembly in the affirmative. Cost allowed respondent is XI 
14 4, laivful money. Ex. granted June bih, 1767. 

[281] The Sums-total of the Additions (single and fourfold) to the Lists 

of the several To'wns in this Colony sent in to this 

Assembly are as follow, viz : 





Single. 
£138 19 


Fourfold. 




Single 




Fourfold. 


Weathersfield, 


£114 8 





Fairfield, 


£854 4 


6 


£470 6 





Winds=or, 


689 10 6 


382 





Stratford, 


1916 9 


8 


114 6 





Midletown, 


977 13 


444 10 





Norwalk, 


346 12 


6 


664 8 





Farmington, 


186 


538 16 





Stamford. 


78 11 


6 


171 8 





Synisbury, 


994 17 






Greenwich, 


3518 3 


9 






Hadam, 


480 1 


24 





Nevvtown, 


707 8 









East Hadam, 


1210 3 6 


15 10 





Ridgfield, 


319 


6 


79 4 





Colchester, 


968 1 






New Fairfield, 


273 





443 12 





Hebron, 


29.3 






Windham, 


651 3 


6 


8 





Glastonbury, 


764 16 11 






Lebanon. 


301 10 





309 17 


4 


Bolton, 


612 2 






Plainfield, 


1.394 6 


6 






Staftord, 


488 9 






Canterbury, 


209 8 


6 






Enfield, 


243 10 






Mansfield, 


303 7 


» 


314 15 





Soramers, 


713 12 






Coventry, 


220 2 









Wellington, 


122 15 


141 10 





Pomfrett, 


622 9 









New Haven, 


3177 19 3 


1720 





Killingly, 


34 









Milford, 


221 






Voluntown, 


481 









Guilford, 


33 


358 4 


6 


Woodstock, 


1246 10 









Bran ford, 


169 17 6 






Woodbury, 


670 4 


3 






WalJiugford 


717 12 6 


638 2 





New Milford, 


302 4 


2 


18 16 






604 



PUBLIC RECOEDS 



[May, 





Single 




Fourfold. 




Single 




Fourfold. 


Derby, 


£853 7 


2 




Harwinton, 


£238 4 







Watcrbary, 


1441 13 







Canaan, 


129 18 







Durham, 






£-9 16 5 


Salisbury, 


1246 1 







Norwich, 


927 6 


9 


1090 


Kent, 


219 1 


4 




Saybrook, 


1406 18 


2 




Sharon, 


235 18 





£705 C 


Stonington, 


220 5 







Cornwall, 


266 







Grotoi), 


3301 14 


6 


404 2 


Goshen, 


350 18 







Preston, 


422 15 


6 


225 


Torriiigton, 
Newtown, 


54 

707 8 










[282] On the petition of Ebenezer Benton, of Hartford in 
the county of Hartford, vs. Daniel Phelps, of Windsor in said 
county of Hartford, as on file : The question was put, wheth- 
er the superior court erred and mistook the law in directing 
the evidence or deposition mentioned and complained of in 
the petition to be admitted and committed to the jury &c. : 
Resolved by this Assembly in the negative. 

On the petition of James Bicknal, of Mansfield in the coun- 
ty of Windham, vs. William Johnson 2d, of Wellington in the 
county of Hartford, and Ebenezer Heath of said Wellington, 
overseer to said William, as on file : The question was put, 
whether the superior court, in proceeding to and rendering the 
judgment complained of in the petition, erred and mistook the 
law : Resolved by this Assembly in the negative. Cost al- 
loived respondents is £1 9.s. 2d. Ex. granted June 5th, 1767. 

On the petition of Thomas Tyler, of Boston in the county 
of Suffolk in the Province of the Massachusets Bay, vs. Ben- 
jamin Ackley, of East Hadam in the county of Hartford, and 
Joshua Chandler, of Newhaven in the county of Newhaven,as 
on file : The question was put, whether the prayer of said 
petition should be granted : Resolved by this Assembly in 
the negative. Cost allowed respondents is X2 16 6. Ex. 
granted June Ath, 1767. 

On the petition of Elijah Clapp, of Hartford in the county 
of Hartford, vs. John Walker of said Hartford, as on file: 
The question was put, whether the prayer of said petition 
should be granted : Resolved by this Assembly in the nega- 
tive. Cost allowed respondent is <£1 8s. Qd. Ex. granted June 
9th, 1767. 

Cost allowed to Gurdon Saltonstall, of New London in the 
county of New London, Esq'', judge of probate for the district 
of New London, for his attendance &c. to answer the petition 
of Jonathan Mack, of Lyme in the said county of New Lon- 
don, preferred against him at this Assembly and withdrawn 
by Mr. Parsons, attorney to said Mack, is £1 10 8, lawful 
money. Ex. granted June \st^ 1767. 

Cost allowed to Dudley Woodbridge, of Groton in the coun- 
ty of Newlondon, for his attendance &c. to answer the peti- 
tion of Joshua Hempstead, of Stonington in said county of 



1767.] OF CONNECTICUT. G05 

New London, preferred against him to this Assembly and with- 
drawn by Mr. Sam' Holden Parsons, attorney to said Hemp- 
stead, is £1 13 10, L. money. Ex. granted June 5th,llQl. 

This Assembly grants to his Honour the Governor the sum 
of one hundred and fifty pounds, lawful money, for the first 
half of his salary the current year. 

This Assembly grants to his Honour the Deputy Governor 
the sum of fifty pounds, lawful money, for the first half of his 
salary the current year. 

This Assembly grants to George Wyllys, Esq"", Secretary of 
this Colony, the sum of twenty pounds, for his salary the year 
past. 

This Assembly grants to Joseph Talcott, Esq^ Treasurer of 
this Colony, the sum of one and sixty pounds, for his salary 
the year past. 

On the petition of Ebenezer Tiffany, of Lyme in the county 
of New London, vs. William Brown, of Salem in the county 
of Essex and Province of the Massachusets Bay, as on file : 
The question was put, whether the prayer of this petition 
should be granted : Resolved by this Assembly in the nega- 
tive. 

This Assembly was adjourned (by usual proclamation) un- 
til the Governor, or in his absence the Deputy Governor, shall 
see cause to call it to meet again. 

Teste George "Wyllys, Secret'y. 



[284] Anno Regni Regis Creorgii tertii octavo. 

At a General Assembly of the Governor and Company of 
HIS Majesty's English Colony of Connecticut in New 
England in America holden at New Haven in said Col- 
ony on the second Thursday of October, and continued 

BY several adjournments UNTIL THE THIRTIETH DAY OF 

THE SAME MONTH, ANNOQUE DOMINI 1767. 
Present : 

The Honorable William Pitkin, Esq"", Grovernor. 

The Honorable Jonathan Trumbul, Esq"", Deimty Governor. 
Hezekiah Huntington, Esq'', William Pitkin Jun, Esq"",^ 
Mathew Griswold, Esq"", Roger Sherman, Esq"", 
Shubael Conant, Esq% Robert Walker, Esqf, 
Elisha Sheldon, Esq"", Abraham Davenport, Esq^ 

Eliphalet Dyer, Esq% Joseph Spencer, Esq"", 

Jabez Huntington, Esq% 



ants. 



606 PUBLIC RECORDS [October, 

Representatives or Deputies of the Freemen of the several Towns 
are as follow, viz : 

Colo. Samuel Talcott, Mr. Benjamin Payne, for Hartford. 

Capt. John Strong, Capt. Isaac Lee jnn., for Farmington. 

Colo. John Chester, Capt. Elisha Williams, for Weathersfield. 

Mr. John Owen, Capt. Hez^ Humphrey, for Symsbury. 

Mr. Jonatlian Welles, Maj. Elizur Talcott, for Glastonbury. 

Mr. William Wolcott, Mr. Alexander Wolcott, for Windsor. 

Mr. John Phelps, Capt. Obadiah Hosford, for Hebron. 

Mr. Edward Collins, Capt. Ephraim Pease, for Enfield. 

Capt. Zebulon West, Capt. Samuel Chapman, for Tolland. 

Mr. Emery Pease, Mr. Reuben Sikes, for Somraers. 

Mr. Elijah Hammond, Capt. Thomas Pitkin, for Bolton. 

Mr. William King, for Suffield. 

Capt. Samuel Daviss, for Stafford. 

Colo. Hezekiah Brainerd, for Haddam. 

Mr. Daniel Brainerd, for East Haddam. 

Colo. Jabez Hamlin, Mr. Richard Alsop, for Midletown. 

Capt. Timothy Pearl, Capt. Abner Barker for Willington. 

Capt. Peter Bulkley, Capt. Henry Champion, for Colchester. 

Mr. Daniel Lyman, Mr. Samuel Bishop, for Newhaven. 

Mr. Nathaniel Hill, Mr. John Eliott, for Guilford. 

Colo. Benjamin Hall, Capt. Macock Ward, for Walling-ford. 

Mr. Daniel Holbrook, Mr. Charles French, for Darby. 

Mr. Joseph Rogers, Mr. Ithiel Russel, for Branford. 

Colo. Elihu Chauncey, Capt. James Curtiss, for Durham. 

Major Edward Allen, Capt. John Fowler, for Milford. 

Capt. Jonathan Baldwin, Mr. Samuel Hickcox, for Waterbury. 

[285] Mr. Richard Law, Mr. William Hilhouse, for New Lon- 
don. 

Mr. Isaac Tracey, Mr. Joseph Tracey, for Norwich. 

Mr. Charles Phelps, Capt. Joseph Denison, for Stonington. 

Capt. Moses Fish, Capt. Benadam Gallop, for Groton. 

Mr. Sam' Holden Parsons, Mr. John Lay 2d, for Lyme. 

Mr. Robert Creary, Colo. Samuel Coit, for Preston. 

Capt. John Shipman, Maj. John Murdock, for Saybrook. 

Capt. Elnathan Stephens, Colo. Aaron Eliot, for Killingworth. 

Capt. David Burr, Mr. Lothrop Lewis, for Fairfield. 

Capt. Theophilus Nickols, Capt. Agur Tomlinson, for Strat- 
ford. 

Mr. Joseph Piatt, for Norwalk. 

Capt. Charles Webb, for Stamford. 

Capt. Henry Glover, Mr. Heath Peck, for Newtown. 

Mr. Joseph Piatt Cook, Capt. Daniel Taylor, for Danbury. 

Mr. Samuel Olmstead, Mr. Stephen Smith, for Ridgefield. 



1767.] OF CONNECTICUT. 607 

Capt. Dan Towner, Mr. James Potter, for New Fairfield. 

Colo. John Read, for Redding. 

Mr. John Mead, Mr. Edward Brush, for Greenwich. 

Maj. Jedidiah Elderkin, Mr. Hez. Manning, for Windham. 

Maj. William Williams, Capt. Joseph Truiiibnll,for Lebanon. 

Capt. Jabez Fitch, Mr. Stephen Frost, for Canterl)ury. 

Mr. Phineas Strong, Mr. Ephraim Root, for Coventry. 

Mr. Simeon Learned, Capt. William Danielson, for Killingly. 

Maj. P^zekiel Pierce, Mr. Elislia Payne, for Plainfield. 

Mr. Samnel Stntson, Capt. Samuel Gurley, for Mansfield. 

Colo. Ebenez. Wilhams, Colo. Israel Putnam, for Pomfret. 

Capt. Robert Dixon, Mr. Samuel Stewart, for Voluntown. 

Capt. Nehemiah Lyon, Mr. Jedidiah Morse, for Woodstock, 

Capt. Benja. Sumner, Mr. Elijah Whiton, for Ashfoid. 

Colo. Ebenezer Marsh, Capt. John Marsh, for Litchfield. 

Capt. John Williams, Mr. Simeon Smith, for Sharon. 

Capt. Abijah Catlin, Capt. Joel Catlin, for Harwinton. 

Mr. Daniel Sherman, Colo. Benja. Hinman, for Woodbury. 

Mr. John Ransom, Mr. Eliphalet Comestock, for Kent. 

Mr. Samuel Forbes, for Canaan. 

Capt. Isaac Kellogg, Capt. Abel Merrels, for New Hartford. 

Mr. Thomas Russell, Mr. Heman Swift, for CornwalL 

Capt. Thos Chittenden, Mr. Joshua Porter, for Salisbury. 

Capt. Samuel Nash, Mr. Nehemiah Lewis, for Goshen. 

Mr. Bushnel Bostwick, Capt. Sam' Canfield, for New Mil- 
ford. 

Mr. John Cook, for Torrington. 

Zebulon West, Esq% Speaker ) of the House 
William Williams, Esq"", Clerk ) of Representatives. 

[2861 An Act for repealing the first Paragranh in a certain Law of this 
Colony made in General Assembly in May, 1764, entituled An Act in 
Alteration of An Act entituled An Act for forming and reg-ulating the 
Militia and for encouraging' Military bkill for the better Defence of this 
Colony. 

Be it enacted hy the Grovernor, Council and Representatives y 
in General Court assembled, and hy the authority of the same, 
That the first paragraph in said act, made in May as afore- 
said, be repealed, and the same is hereby repealed and made 
void. 

An Act in further Addition to an Act entituled An Act for forming and 

regulating the Militia and the Encouragement of Military Skill 

for the better Defence of this Colony. 

Be it enacted by the Grovernor, Council and Representatives, 

in General Court assembled, and by the authority of the same. 

That the towns of Cornwall, Sharon, Salisbury, Canaan and 

Norfolk, shall be one entire regiment, distinguished and called 

by the name of the Fourteenth Regiment, and shall be under 

the same rules and orders, and have the same powers, privi- 



608 PUBLIC RECORDS [October, 

ledges and advantages, as other regiments of this Colony bj 
law have. 

An Act for reviving' an Act entituled An Act relating to Quarters for 
his Majesty's Regular Forces in this Colony. 

Whereas it is provided in said act that the same should be 
in force no longer than until the rising of this Assembly, 

Be it enacted hy the G-overnor^ Council and liepresentatives, 
in General Court assembled, and hy the authority of the same, 
That said act be revived, and the same is hereby revived, and 
shall be and continue in force till the rising of this Assembly 
in October next. 

An Act to oblige the several Towns on the Post-Roads in this Colony to 

erect Moniiments shewing the Distances from the several County 

Towns on said Roads. 

Be it enacted hy the Governor, Council and Representatives, 
in General Court assembled, and hy the authority of the same, 
That it shall be the duty of the selectmen in the several towns 
on the several post-roads in this Colony, at the expence of 
sucli town, to erect and keep up stones at least two feet high 
near the side of the common travelling road, marked with the 
distances from tlie county town of the county where such town 
lyes, according to the mensuration lately made by public 
order. 

Be it further enacted. That if the selectmen in such towns 

shall neglect to erect such stones marked as aforesaid for the 

space of five months next after the rising of this Assembly, or 

if such stone or monument shall be beat down or defaced, and 

the selectmen for the time being shall neglect to erector mark 

such stone as aforesaid for the space of one month after notice 

given to them, such selectmen shall pay and forfeit the sum of 

forty shillings : one half to him or them who shall prosecute the 

same to effect, the other half to the treasury of the towns 

where such selectmen belong. 

An Act in further ^ ddition and Alteration of the Laws relating to the 
Fare and Regulation of NeA^ London Ferry. 

Whereas the fare of New London Ferry is found to be insuf- 
ficient to support the same, and not adequate to the fares of 
other ferries, considering the width and difficulty attending 
the same, 

Be it therefore enacted hy the Governor, Council and Rep- 
resentatives, in General Court assembled, and by the authority 
of the same. That the fare of said ferry for the future shall be, 
for a man, horse and load, six pence ; a foot man, two pence ; 
led horse, four pence ; for an ox or other neat kind, sixpence ; 
for sheep, swine, or goat, three farthings each ; and that the 
fare for wheel-carriages &c. shall be in the same proportion 
thereto as is already by law fixed ; and that the fare shall be- 



1767.] OF CONNECTICUT. 609 

long to that ferryman in whose boat they shall pass ; any law, 
usage or custom to the contrary notwithstanding. 

This Assembly appoints Abraham Davenport, Esq"", Major 
of the ninth regiment of the militia in this Colony. 

[287] This Assembly do appoint Benjamin Hinman, Esq"", 
to be Lieutenant-Colonel of the thirteenth regiment of militia in 
this Colony. 

This Assembly do appoint Bushnell Bostwick, Esqf, to be 
]\Iajor of the thirteenth [regiment] of militia in this Colony. 

This Assembly do appoint David Whitney, Esq"", Colonel of 
the fourteenth regiment of militia in this Colony. 

This Assembly do appoint John Williams, Esq"", to be Lieu- 
tenant-Colonel of the fourteenth regiment of militia in this 
Colony. 

This Asseml)ly do appoint Thomas Chittenden, Esq"", to be 
Major of the fourteenth regiment of militia in this Colony. 

This Assembly do establish Mr. Stephen Smith to be Cap- 
tain of the seventh company or trainband in the second regi- 
ment in this Colony. 

This Assembly do establish Mr. Timothy Andruss to be 
Lieutenant of the seventh company or trainband in the second 
regiment in this Colony. 

This Assembly do establish Mr. Isaac Chidsey to be Ensign 
of the seventh company or trainband in the second regiment 
in this Colony. 

This Assembly do establish Mr. Nathan Booth to be Captain 
of a company or trainband in New Stratford in the 4th regi- 
ment in this Colony. 

This Assembly do establish Mr, James Clark to be Lieuten- 
ant of a company or trainband in New Stratford in the 4th 
regiment in this Colony. 

This Assembly do establish Mr. Peter Curtiss to be Ensign 
of a company or trainband in New Stratford in the 4th regi- 
ment in this Colony. 

This Assembly do establish Mr. Abner Baldwin to be Cap- 
tain of the second company or trainband in the town of Litch- 
field. 

This Assembly do establish Mr. Zebulon Culver to be Lieu- 
tenant of the second company or trainband in the town of 
Litchfield. 

This Assembly do establish Mr. Benjamin Woodruff to be 
Captain of the third company or trainband in the town of Litch- 
field. 

This Assembly do establish Mr. Nathaniel Goodwin to be 

77 



610 PUBLIC EECORDS [October, 

Lieutenant of the third company or trainband in the town of 
Litchfield. 

This Assembly do establish Mr. Thomas Goodwin to be En- 
sign of the third company or trainband in the town of Litch- 
field. 

This Assembly do establish Mr. Daniel Potter to be Captain 
of the first company or trainband in Northberry parish in the 
town of Waterbury. 

This Assembly do establish Mr. Zebulon Frisbie to be Cap- 
tain of the sixth company or trainband in the town of Far- 
mington. 

This Assembly do establish Mr. Amos Barnes to be Lieu- 
tenant of the sixth company or trainband in the town of Far- 
mington. 

This Assembly do establish Mr. Roswell Mills to be Cap- 
tain of the third company or trainband in the town of Wind- 
sor. 

ThisAssembly do establish Mr. Aaron Bisselltobe Lieuten- 
ant of the 3d company or trainband in the town of Windsor. 

This Assembly do establish Mr. Ebenezer Tiffany to be Lieu- 
tenant of the new company or trainband in the northeast part 
of the town of Lyme in the 3d regiment in this Colony. 

This Assembly do establish Mr. Daren Tinker to be Ensign 
of the new company or trainband in the northeast part of the 
town of Lyme in the 3d regiment in this Colony. 

[288j This Assembly do establish Mr. Benjamin Hall to be 
Captain of the northeast company or trainband in the first so- 
ciety in the town of Wallingford. 

This Assembly do establish Mr. David Hall to be Lieuten- 
ant of the northeast company or trainband in the first society 
in the town of Wallingford. 

This Assembly do establish Mr. John Douglass to be Cap- 
tain of the fifth company or trainband in the town of New Lon- 
don. 

This Assembly do establish Mr. Henry AUyn to be Captain 
of the first company or trainband in the town of Windsor. 

This Assembly do establish Mr. Roger Newberry to be Lieu- 
tenant of the first company or trainband in the town of Wind-li 
sor. 

This Assembly do establish Mr. Elisha Alverd to be Captaini 
of the company or trainband in the parish of Greenfield inthet 
4th regiment in this Colony. 

This Assembly do establish Mr. Gershom Hubbel to be Lieu-: 
tenant of the company or trainband in the parish of Greenfield i 
in the 4th regiment in this Colony. 



1767.] OP CONNECTICUT. 611 

This Assembly do establish Mr. Jonathan Dimon to be En- 
sign of tlie company or trainband in the parish of Greenfield 
in the 4th regiment in this Colony. 

This Assembly do establish Mr. James Perkins to be En- 
sign of the second company or trainband in the town of Gro- 
ton. 

This Assembly do establish Mr. John Wooster to be Cap- 
tain of the loth company or trainband in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Thomas Clark to be Lieu- 
tenant of tlie loth company or trainband in the second regi- 
ment in this Colony. 

This Assembly do establish Mr. John Basset to be Ensign 
of the 13th company or trainband in the second regiment in 
this Colony. 

This Assembly do establish Mr. John Peck to be Captain of 
the first company or trainband in the town of Lyme. 

This Assembly do establish Mr. Nathaniel Peck to be Lieu- 
tenant of the first company or trainband in the town of Lyme. 

This Assembly do establish Mr. Dan Marvin to be Ensign of 
the first company or trainband in the town of Lyme. 

This Assembly do establish Mr. Zacheus Brush to be Cap- 
tain of the company or trainband in the south society in the 
town of New Fairfield. 

This Assembly do establish Mr. Nehemiah Beardsley to be 
Lieutenant of the company or trainband in the south society 
in the town of New Fairfield. 

This Assembly do establish Mr. John Douglass to be Cap- 
tain of the first company or trainband in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. John Gallop to be Lieu- 
tenant of the first company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Perry Clark to be Ensign 
of the first company or trainband in the 11th regiment in 
this Colony. 

This Assembly do establish Mr. Andrew Backus to be Lieu- 
tenant of the 8th company or trainband in the 11th regi- 
ment in this Colony. 

This Assembly do establish Mr. Simon Spaulding to be 
Ensign of the 8th company or trainband in the 11th regi- 
ment in this Colony. 

[289] Tins Assembly do establish Mr. Elijah Merrels to be 
Lieutenant of the south company or trainband in the town of 
New Hartford. 



612 PUBLIC RECORDS [October, 

This Assembly do establish Mr. Caleb Pitkin to be Ensign 
of the south company or trainband in the town of New 
Hartford. 

This Assembly do establish Mr. Consider Hopkins to be 
Captain of the north company or trainband in the town of 
New Hartford. 

This Assembly do establish Mr. Martin Smith jun. to be 
Lieutenant of the north company or trainband in the town 
of New Hartford. 

This Assembly do establish Mr. Seth Smith to be Ensign 
of the north company or trainband in the town of New 
Hartford. 

This Assembly do establish Mr. Timothy Baldwin to be 
Captain of the company or trainband on the east side of the 
river in the town of Derby in the 2d regiment in this Colony. 

This Assembly do establish Mr. Nathaniel Johnson to be 
Lieutenant of the company or trainband on the east side of 
the river in the town of Derby in the 2d regiment in this 
Colony. 

This Assembly do establish Mr. Oliver Curtiss to be Ensign 
of the company or trainband on the east side of the river in 
the town of Derby in the 2d regiment in this Colony. 

This Assembly do establish Mr, Josiah Hurlburt to be 
Ensign of the south company or trainband in the town of 
Canaan. 

This Assembly do establish Mr. Joseph Dyer to be Captain 
of the troop of horse in the 11th regiment in this Colony. 

This Assembly do establish Mr. Simon Shepard to be Lieu-i 
tenant of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Robert Dixon jun. to be 
Cornet of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. Asa Bacon to be Quarter-' 
Master of the troop of horse in the 11th regiment in this 
Colony. 

This Assembly do establish Mr. John Holbrook to be Capj 
tain of the fourth company or trainband in the town of Derby\ 

This Assembly do establish Mr. John Tomlinson to hv 
Lieutenant of the fourth company or trainband in the towi 
of Derby. 

This Assembly do establish Mr. Nathan Smith to be En 
sign of the fourth company or trainband in the town o 
Derby. 

This Assembly do establish Mr, Henry Hotchkiss to bi 



1767.] OF CONNECTICUT. 613 

Captain of the south company or trainband in the parish of 
New Cheshire. 

This Assembly do establish Mr. Ephraim Cook jnn. to be 
Lieutenant of the south company or trainband in the parish 
of New Cheshire. 

This Assembly do establish Mr. Dan Hitchcock to be En- 
sign of the south company or trainband in the parish of New 
Cheshire. 

This Assembly do establish Mr. Phineas Barnes to be Cap- 
tain of the first company or trainband in Southington parish 
in the town of Farmington. 

This Assembly do establish Mr. Zealous Adkins to be 
Lieutenant of the first company or trainband in Southington 
parish in the town of Farmington. 

This Assembly do establish Mr. Reuben Hart to be Ensign 
of the first company or trainband in Southington parish in 
the town of Farmington. 

[290] This Assembly do establish Mr. John Glover to be 
Captain of the second company or trainband in the town of 
Newtown. 

This Assembly do establish Mr. Noah Frisbie to be Ensign 
of the 3d company or trainband in the town of Woodberry. 

This Assembly do establish Mr. Benjamin Russel to be 
Captain of the 12th company or trainband in the 5th regi- 
ment in this Colony. 

This Assembly do establish Mr. John Russel to be Ensign 
of the 12th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. John Daviss to be Ensign 
of the company or trainband in the west division of the town 
of Redding. 

This Assembly do establish Mr. Isaac Tomlinson to be 
Captain of the first company or trainband in the town of 
Woodberry. 

This Assembly do establish Mr. Asaph Smith to be Captain 
of the 6th company or trainband in the 5th regiment in this 
Colony. 

This Assembly do establish Mr. Caleb Hendey to be Lieu- 
tenant of the 5th company or trainband in the 5tli regiment 
in this Colony. 

This Assembly do establish Mr. William Dana to be Ensign 
of the 5th company or trainband in the 5tli regiment in this 
Colony. 

This Assembly do establish Mr. Hiel Buel to be Captain of 
the troop of horse in the seventh regiment in tiiis Colony. 



614 PUBLIC RECORDS [October, 

This Assembly do establish Mr. Charles Haselton to be 
Lieutenant of the troop of horse in the 7th regiment in this 
Colony. ' 

This Assembly do establish Mr. Samuel Picket to be Cor- 
net of the troop of horse in the seventh regiment in this 
Colony. 

Tliis Assembly do establish and confirm Mr. Abner Porter 
to be Quarter-Master of the troop of horse in the 7th regi- 
ment in this Colony. 

This Assembly do establish Mr. John Lines to be Captain 
of the sixteenth company or trainband in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Timothy Ball to be Lieu- 
tenant of the 16th company or trainband in the 2d regiment 
in this Colony. 

This Assembly do establish Mr. Hezekiah Clark to be 
Ensign of the 16tli company or trainband in the 2d regiment 
in tliis Colony. 

This Assembly do establish Mr. John Beckley to be Lieu- 
tenant of the 18th company or trainband in the 6th regiment 
in this Colony. 

This Assembly do establish Mr. Jacob Atwater to be Cap- 
tain of the 15tli company or trainband in the 2d regiment in 
this Colony. 

This Assembly do establish Mr. Samuel Atwater to be 
Lieutenant of the 15th company or trainband in the 2d regi- 
ment in this Colony. 

This Assembly do establish Mr. Jonathan Dickerman to be 
Ensign of the I5th company or trainband in the 2d regiment 
in this Colony. 

This Assembly do establish Mr. John Mead to be Captain 
of the new-erected company or trainband in the town of 
Greenwich. 

[291] This Assembly do establish Mr. Benjamin Mead 
jun. to be Lieutenant of the new-erected company or train- 
band in the towu of Greenwich. 

This Assembly do establish Mr. Isaac Holmes to be Ensign 
of tlie new-erected company or trainband in the town of 
Greenwich. 

Resolved hy this Assembly, That Messrs. John Ledyard, 
John Lawrence, Colo. Elihu Chauncey, Mr. Samuel Holden 
Parsons, Capt. David Burr, Maj. William Williams and Capt. 
Benjamin Stiles, be appointed Auditors, to settle and adjust 
all outstanding accounts and debts, of what nature soever, 
wi|li the Treasurer, agents, King's attorneys, and all other 



1767.] OF CONNECTICUT. 015 

persons who may have the Colonies money or securities in 
their hands, and make report how they find all such outstand- 
ing accompts and of all other their proceedings unto the Gen- 
eral Assembly at their sessions in May next. 

Resolved hy this Assembly, That the Treo surer of this Col- 
ony be directed to pay out of the treasury the sum of fifteen 
pounds three shillings, to defray the charges and expences 
of a captain with the officers and soldiers of one of the mili- 
tary companies in the town of Hartford under his command 
to the number of sixty, rank and file, for their attendance 
and services as a Guard to the General Assembly on the day 
of public Election at Hartford on the 2d Thursday of May, 
annually. 

The Gentlemen nominated by the Votes of the Freemen, to stand for 
Election in May next, as sent in to the General Assembly holden at 
Ne-whaven on the 2d Thursday of October Anno Dom. 1767, are as 
follow, viz : 

The Honbie William Pitkin, Esq^ 

The Honijie Jonathan Trumbull, Esq^, 
Hezekiah Huntington, Esq"", Abraham Davenport, Esq"", 
Mathew Griswold, Esq"", W"" Sam' Johnson, Esq"", 

Slmbael Conant, Esq"", Joseph Spencer, Esq"", 

Ehsha Sheldon, Esq"", The Hon^'e Thomas Fitch, Esq"", 

Eliphalet Dyer, Esq"", Ebenezer Silliman, Esqi", 

Jabez Huntington, Esq"", John Chester, Esqf, 

William Pitkin, Jun. Esq"", Benjamin Hall, Esq"", 
Roger Sherman, Esq"", Jabez Hamlin, Esq"", 

Robert Walker, Esq'", Capt. Zebulon West. 

This Assembly being advised that a shorter and more feas- 
ible road than what is now travelled in from Newhaven to 
Windham might be found out through the towns of New- 
haven, Branford, Guilford or Killingworth, Durham, Haddam, 
Midletown, Chatham, East Haddam, Colchester and Lebanon, 
to said Windham, to the great accommodation and benefit of 
all his Majesty's subjects occasionally travelling from New- 
haven to the eastern parts of this Colony : It is thereupon 
resolved, that Maj. William Williams, Maj. Jedidiah Elder- 
kin and Mr. Isaac Tracey be a committee, and they are hereby 
appointed, as soon as conveniently may be, to repair to said 
towns of Newhaven, Branford, Guilford or Killingworth, 
Durham, Haddam, Midletown, Chatham or East Haddam, 
Colchester, Lebanon and Windham, and with all care and 
diligence view and observe the ground and find out where it 
may be practicable to lay out the shortest and most feasible 
road ; and a full description with their doings thereon to make 
report to this Assembly in May next : said committee always 



616 PUBLIC RECORDS [October, 

observing to notifie one or more of the selectmen of each 
town when they attend to view as aforesaid. 

This Assembly do appoint John Chester, John Ledyard 
and Samuel Talcott, Esq^^, a committee to settle accompts 
witli Mr. Aaron Day of Newhaven, relating to certain ser- 
vices by him done for this Colony and certain sums of the 
Colony's money by him received to pay out for the Colony's 
use in the time of the late war, and thereof make report to 
this Assembly in May next. 

Resolved by this Assembly, That the Treasurer of tliis Col- 
ony of Connecticut pay unto his Honour the Governor the sum 
of five pounds eighteen shillings and one penny, lawful money, 
for the postage of public letters, in discharge of his accompt 
exhibited to this Assembly therefor. 

[292] Upon the petition of Samuel Hazzard, late of Fishers 
Island now of Colchester, and James Mumford, of New Lon- 
don, representing to this Assembly that John Still Winthrop, 
EsqS of said New London, leased said Fishers Island to the 
said Hazzard for the term of five years, commencing the 25th 
day of March, A.D. 1761, with the stock upon said island ac- 
cording to a schedule annexed to said lease, and in order to 
secure the performance of all the covenants on the part of 
said lessee he, the said lessee, with the said Mumford became 
bound to said lessor in the penal sum of ten thousand pounds, 
lawful money, by their bond dated 24th March, 1761, condi- 
tioned for the performance of the covenants in said lease 
contained, on the part of said lessee ; that said Winthrop, 
since the expiration of said lease, hath brought his action on 
said bond against the said Mumford, and recovered final judg- 
ment thereon at New London superior court, September term 
A.D. 1767, against said Mumford for <£378 8 6, damages, 
with cost &c. ; that during the term of said lease the said 
Hazzard had exerted himself in introducing a much better 
breed of cattle and sheep &c. than those he received at first 
on said island, and in making and repairing fences, and in 
making large and sumptuous entertainments for said Win- 
throp and his companies, attending their diversions &c. on 
said island, upon the private assurances of said Winthrop 
that he should be allowed therefor out of the rents of said let- 
ten premises by deducting the same, and should have said island 
a longer term &c. ; that in the course of said tryal the petition- 
ers exhibited a lai-ge accompt of said articles, which the jury 
could not allow (as the pleadings were joyned) in performance 
of said covenant, altho said articles appeared just and reason- 
able ; that great injustice had been done to said Hazzard in com- 



{ 



1767.] OF CONNECTICUT. 6l7 

])elling him to deliver back to said Winthrop a mucli better 
stock and more valuable at the expiration of said lease than he 
received at the beginning with said island &c. ; praying for a 
committee to enquire <fec., and that whatever sums should in 
justice be found due or coming to said Hazzard might be de- 
ducted out of said judgment recovered against said J\Iumford 
to the amount thereof, and the overplus, if any be, paid to 
said Hazzard (fee, as per petition on file: Resolved by this 
Assembly, that Messrs. Jabez Hamlin, Esq"", of Midletown, 
Doct. Daniel Lothrop of Norwich, and Joshua West, Esqf, of 
Lebanon, be and they are hereby appointed a committee with 
full power to examine into all said matters alledged in said 
petition and all circumstances relative thereto, by the oath of 
the parties or otherwise, and of what they shall find, together 
with their opinion thereon, to make report to this Assembly 
at their sessions in May next ; and that execution on the 
aforesaid judgment against the said Mumford be stayed in the 
meantime. 

Upon the petition of Amos Bostwick and Sarah his wife, 
Rachel Grant and Anne Grant, all of New Milford in Litch- 
field county, which Sarah, Rachel and Anne are the heirs of 
Friend Grant, deceased , shewing to this Assembly that Asa Hop- 
kins, Harris Hopkins and Abigail Hopkins, all of Litclifield in 
Litchfield county, obtained a resolve of the General Assembly 
of this Colony in May last for vacating two certain deeds, the 
one given l)y Asa Hopkins late of Litchfield, deceased, and Abi- 
gail his wife, to Stephen Sedgwick, of Hartford in Hartford 
county, of certain lands lying in said Litchfield, the other deed 
from said Sedgwick to said Asa, deceased, containing the same 
lands, both said deeds bearing date December 27th, 1744, and 
that said resolve was obtained without any previous notice to 
them ; praying this Assembly to review said case and hear 
them thereon ; also alledging that they are gi-eatly affected 
in the premises, by means of a deed given by Ambrose Marsh 
of said Litchfield to said Harriss Hopkins, and also on account 
of a debt due from the estate of one Friend Grant, deceased, 
unto the estate of said Asa Hopkins, deceased, occasioned 
by the said Friend's having been bondsman for the said Asa, 
deceased, unto Nathaniel Hassard late of New York, deceased; 
praying for redress of their grievances in the premises : Re- 
solved by this Assembly, that Messrs. Mathew Talcott of 
Midletown, Epaphras Sheldon of Torrington, and Gideon 
Walker of Woodbury, Esqf^, be a committee to examine and 
enquire into the whole matter referred to in said petition and 
the circumstances relative thereto, and make report of what 



618 PUBLIC RECORDS [October, 

they shall find in the premises to the General Assembly to be 
holden at Hartford on the second Tuesday of May next. 

Upon the petition of Joseph Hoit of Stamford, against 
Eleazer Gary of Windham, and Henry Morris of Woodstock, 
representing that the said Eleazer and Henry obtained jndg- 
[293] ment against || the petitioner at the superior court held at 
Windham on the 4th Tuesday of September last past, for the 
sum of £78 5s. 8d. lawful money, damages, and costs, in an 
action by them brouglit against him upon an undertaking as a 
captain of a certain company in the service of this Colony to 
pay certain sums alledged to be due to the said plaintiffs as 
sutlers from certain soldiers belonging to said company ; fur- 
ther representing that whatever sums are still due from any 
of the said soldiers ought to be recovered of them, and which 
the petitioner cannot recover by law, and that under the cir- 
cumstances the petitioner ought not in equity to be holden to 
answer the same to the petitionees, for the reasons assigned 
and set forth in the petition ; praying for the interposition of 
this Assembly, as by the petition on file ; Resolved by this 
Assembly, that Jabez Hamlin, David Wooster and Thomas 
Darling, Esqi's, be and they are hereby appointed a committee 
with full power to cite and call before tliem the parties to said 
petition, as also the said soldiers, or so many of them as may be 
come at, from whom any sums of money are claimed to be 
due as abovesaid, and to enquire into the matters complained 
of and referred to in said petition, by the oaths of the parties 
and such soldiers, and by any reasonable way, and make re- 
port of what they shall find with their opinion thereon to this 
Assembly in May next ; and that execution on said judgment 
be staid in the meantime. 

Upon the petition of Samuel Tozer, of Golchester in Hart- 
ford county, representing to this Assembly at their sessions in 
Hartford in May last, that in the year 1762, he with one Wil- 
liam Clark of said Golchester were jointly indebted to one 
Mehitabel Webb of Weathersfield in said county, as she was 
administratrix on the estate of J(;seph Webb late of said 
Weathersfield then deceased, in the sum of about X1067 Os. 
Od. lawful money, and also he then separately owed to said 
estate and to the said Mehitabel in her own right about five 
hundred pounds like money, and that the petitioner in March, 
1762, executed to said Mehitabel a mortgage-deed of two tracts 
of land in said Colchester, the one containing more than three 
hundred acres, the other containing about fifty acres, as a i 
pledge and security for said debts, and that afterwards, viz : 
in the year 1763, he, the petitioner, executed to said Silas Dean i 



1767.] OF CONNECTICUT. 619 

of said Weathersfield, then married to said Mchitabel, deeds 
of three other tracts of land, two of them lying in Colchester 
aforesaid and the other in Millington parish in East Iladdam, 
together witli a bill of sale of all his personal estate to the 
valne of <£1000 Os. Od. lawful money, in trust for tlie payment 
of his, said petitioner's, debts, and that said Dean had not 
paid said delits <fec., as by said petition on file appears : upon 
which petition this Assembly at their said sessions in May 
last appointed Joseph Spencer and Joshua West, Esq^s and 
Mr. Richard Alsop a committee, to enquire into the matters 
complained of in said petition and to make report to this As- 
sembly of what they should find with their opinion thereon at 
this present sessions ; which committee after notifying said par- 
ties and fully hearing them thereon did make report to this 
Assembly, that on the 9th of March, 1763, the petitioner Avas 
indebted by note to said Mehitabcl the sum of .£511 2 7, with 
interest, and that the petitioner with said Clark were jointly in- 
debted to the estate of said Joseph by note the sum of .£1096 
17s. Od. with interest, and that the petitioner on said 9th of 
March, pledged and mortgaged to said Mehitabel said large 
farm of more than three hundred acres and also said farm of 
about fifty acres as a secui-ity for said debts, fry a deed dated 
the same 9th of March, 1763, and that said Silas and Mehita- 
bel have since sued for and recovered the possession of said 
two farms, and that said petitioner hath since said March, 
1763, by a bill of sale made over to said Silas personal estate 
to the value of about £610 16s. Sd., also said three other 
farms, all in trust for the payment of his debts, and that said 
Dean hath since paid to sundry persons including two debts 
the one of about fifty-seven pounds nine shillings and ten 
pence, due to said Mehitabel, and the other of about nine 
pounds fourteen and one penny, due to the said Silas, to the 
amount of four hundred eighty-two pounds nine shillings and 
six pence, and that said farm lying in said Millington has since 
been applied to the payment of the petitioner's debts, and that 
there now remains in the hands of said Silas one hundred 
twenty-eight pounds six shillings and nine pence, avails of 
said personal estate ; and thereupon said committee reported 
to this Assembly that it was their opinion that the said Dean 
should pay to the petitioner said sum of £128 6 9, and also 
in a reasonable time by a good authentick deed release and 
quit-claim to the petitioner two of said tracts of land made over 
in trust, viz : one tract of land lying in said Colchester con- 
[29-4] taining by estimation about one hundred and eighty || 
acres, and the other lying in said Marlborough parish in said 



620 PUBLIC RECORDS [Octobcr, 

Colchester of about one hundred acres, or in default thereof 
to pay to said Tozer seven hundred pounds, lawful money, as 
per said report appears : It is thereupon resolved by this As- 
sembly, that the said Silas shall within two months, by a good 
deed under his hand and seal, release and quit-claim to the 
petitioner said farm of about one hundred and eighty acres, 
and also said farm lying in said Marlborough parish, or in 
default thereof pay to the petitioner the sum of seven hundred 
pounds, and that the said Silas shall also pay to the petitioner 
the sum of one hundred twenty-eight pounds six shillings and 
nine pence, lawful money, and that execution be awarded 
accordingly. Cost also allowed the petitioner is X20 Is. 10c?. 
lawful mo7iei/. January 5th, 17 Q8. Execution granted for the 
£128 6s. 9d. mentioned in the above decree, and for the cost 
<£20 Is. lOd. abovesaid. 

Upon the petition of John Royce jun., of Wallingford, rep- 
resenting to this Assembly that in the year 1765 he obtained 
two judgments before John Whiting, Esq"", ^ms^ pads, against 
Abner Curtiss, late of said Wallingford now of Farmington, 
for £15 12s. Qd. money, debt, and £0 12s. \0d. costs, and also 
for £6 3s. 'id. ^ebt, and £0 12s. \0d. costs, and had execu- 
tions thereon, which he delivered to an officer who kept the 
same till the latter end of November, 1765, when he levyed the 
same on said Curtiss, carried him to Newhaven and offered to 
commit him, but the keeper of the gaol doubting whether he 
might lawfully receive him, he being brought out of Hartford 
county by a constable of Farmington who refused to leave the 
original execution and had no copies on stampt paper, did not 
receive the said Curtiss but suffered him to go at large, where- 
upon said officer returned said executions endorsed that he had 
taken said Curtiss and committed him to the keeper of the gaol 
in said Newhaven ; that said Curtiss had procured himself 
to be taken and carried to gaol as aforesaid, in order to avoid 
said just debt ; that the petitioner after applied for and obtain- 
ed alias executions, on which said Curtiss paid £6 bs. 2d. 
which is all that ever was paid on said judgments ; that said 
Curtiss brought his audita querela against the petitioner to 
the last superior court at Hartford, and on tryal insisted that 
said alias executions issued erroneously, and thereupon the 
petitioner was prohibited proceeding on said alias executions 
and condemned in a large sum for costs by said superior court ; 
praying for relief, as by said petition on file appears. The 
said Curtiss appeared at this Assembly and urged that he had 
agreed with said Royce, sometime in January last, on a sub- 
mission of the book accompts between them to arbitrament of 



1767.] OP CONNECTICUT. 621 

arbitrators, who considered said matters and awarded about 
the sum of X14 Os. Od. lawful money, to said Royce, and that 
said arbitrators considered and allowed in favour of said Royce 
certain sums that [he] had before paid &c., and that in mak- 
ing their judgment and award the said arbitrators made amis- 
take, and that thereupon said Curtiss ought to be discharged 
from said executions ; which being dcnyed Ijy said Royce, who 
alledged that said matters respecting said executions was not 
at all considered by said arbitrators, nor were they designed 
to be discharged, and that said arbitrators made no mistake 
in said award : Resolved by this Assembly, that Daniel Ly- 
man, Samuel Bishop jun. and Benja. Payne, Esq'% be and they 
are hereby appointed a committee to examine into said book 
accompts of the said parties and all the matters in said peti- 
tion alledged and mentioned, the said award and discharges 
notwithstanding, and make report to this or the next Assem- 
bly of what they shall find in the premises. 

Upon the petition of Joseph Royce jun., of Wallingford in 
the county of Newhaven, representing that he had recovered 
judgment and executions for certain sums of money before 
John Whiting, Esqf, justice of peace, against Abner Curtiss, 
now of Farmington in Hartford county, and that said execu- 
tions were levyed on said Curtiss' body and he committed to 
the keeper of the gaol in Newhaven thereon, who permitted 
him to go at large, and that the sums of said judgments had 
never been paid, Messrs. Daniel Lyman and Sam^ Bishop jun., 
of said Newhaven, and Benja. Payne, of Hartford in Hartford 
county, were appointed a committee to enquire into the mat- 
ters in said petition, who reported that they found dne on said 
judgments the sum of £16 16 4, lawful money, with their opin- 
ion that said Curtiss ought to pay the same to said Royce to- 
gether with the interest, amounting to the sum of <£19 4s. 
[205] lOd. which report is accepted : || Resolved by this As- 
sembly, that the said Curtiss pay imto the said Royce the said 
sum of £19 4s. lOd. lawful money, and that execution shall 
be granted accordingly. Cost allowed petitioner is <£6 Ss. Qd. 
laivful money. Execution granted October 2)0th, 1767. 

Upon the petition of Elizabeth Marshall, of Torrington, 
against John Whiting, of the same Torrington, rejjrcsenting 
to this Assembly that the said John Whiting had failed and 
omitted to enforce a certain decree and order of this Assem- 
bly made and passed in October last, respecting her sujjport 
and maintenance as stipulated by her luisband Thomas Mar- 
shal in a bond given to him, the said Whiting, and praying 
for relief, as in and by the petition on file : Resolved by 



622 PUBLIC RECORDS [October, 

this Assembly, that the said John Whiting do pay, and he is 
hereby ordered and directed to pay, to tlie said Elizabeth the 
sum of fourteen pounds eleven shillings, lawful money, being 
the balance of the monies found due to her in October last, 
with tlie sums since arisen and become due to the 22d day of 
August last, including the monies paid to her in part. And 
he is also hereby directed to enforce the payment to her of 
twenty-six shillings quarterly by the said Thomas Marshall, 
from and after the 22d day of August last, agreeable to said 
former order, from time to time as the same shall become 
due, until this Assembly shall otherwise order. 

Upon the petition of Leonard Owen, Eliplialet Owen and 
Elijah Owen, all of Salisbury in Litchfield county, shewing 
to this Assembly that one Thomas Lamb, of Poscotank 
county in the Province of North Carolina, upon the 27th day 
of May, A. D. 1761, gave them a warranty deed purporting a 
conveyance unto the petitioners of three hundred seventy- 
six acres and an half of land, all adjoining together and 
adjoining to the ponds on Tauconuck mountain in Salisbury 
in Litchfield county, for which they executed their note of 
hand to said Lamb for one hundred and eighteen pounds, 
New York money, and complaining of gross fraud on the 
part of said Lamb, and that they are greatly injured thereby, 
as to the situation, quantity and quality of said land ; praying 
for the equitable interposition of this Assembly in the prem- 
ises: Resolved by this Assembly, that Oliver Wolcott of 
Litchfield, Moses Lyman of Goshen, and Andrew Adams of 
Litchfield, Esq''^ be and they are hereby appointed a com- 
mittee to examine into the matters alledged in said petition, 
and their opinion thereon to report to this Assembly in their 
sessions in May next. And it is ordered by this Assembly, 
that Litchfield county court do not render judgment on said 
note in the meanwhile, and that there shall be no further 
proceedings on the executions mentioned in said petition, nor 
any suit brought relative to any proceedings already had on 
said execution before the rising of the General Assembly to 
be holden at Hartford in Hartford county in May ne:5^t. 

Whereas a petition of Benjamin Jacobs and Solomon 
Jacobs, of Mansfield, against Joseph Jacobs of said Mans- 
field, was preferred to this Assembly in May last, and thereon 
a committee being appointed to enquire into the matters con- 
tained in said petition and make report to this Assembly at 
their present session, and the said business as yet not having 
been attended : The said petition is further continued to the 
session of this Assembly in May next, and the said com- 



1767.] OP CONNECTICUT. 623 

mittee before appointed are hereby reappointed and further 
impowered to enquire &c., and make their report to this 
Assembly at their sessions in May next. 

Upon the memorial of Nathaniel Penfield, of Wallingford 
in the county of New Haven, representing that on the 8th 
day of December, 1757, be purchased of one John Gordon, 
late of Nevvhaven in said county, deceased, then in life, for 
the consideration of fifty pounds, lawful money, paid to said 
Gordon, two pieces of land situate in said Newhaven, con- 
taining thi'ee quarters of an acre, more or less : one piece 
bounded east by Jonathan Mix, nortli and west on Nathaniel 
Penfield, and south on highway; the other piece bounded 
east, west and north on Jonathan Mix, south on said Penfield, 
with the buildings, and on the same day took a deed of said 
lands and gave to said Gordon a bond to reconvey on receiv- 
ing said money within one year from said time ; that the 
buildings on said land are going to decay, and the petitioner 
in want of the purchase money ; that neither the heirs nor 
creditors of said deceased are at all likely to redeem the 
same; that the petitioner hath an opportunity for sale &c. ; 
praying for a foreclosure of the equity of redemption &g. : 
[296] II Resolved by this Assembly, that if the creditors or 
heirs of John Gordon, deceased, mentioned in the petition, 
do or shall not within the term of three months next after 
the rising of this Assembly pay to the petitioner the consid- 
eration money according to the tenour of the mortgage 
referred to &c., they, the said creditors or heirs, shall forever 
after be debarred and foreclosed of demanding or recovering 
the equity of redemption in and to the premises described in 
the mortgage aforesaid. 

Upon the petition of Ebenezer Keeney of Derby, repre- 
senting to this Assembly that in the year 1759, he gave to 
Nathaniel Hazzard, late of the city of New York, deceased, 
three bonds conditioned for the payment of <£671 15 7, New 
York money, and interest, and that in 1761, he paid to said 
Hazzard £805 10s. 0(^. money aforesaid, which was in full 
of the principal and interest due on said bonds ; that said 
Hazzard not having endorsed said payments on said bonds 
brought his actions against said Keeney on said three bonds 
by writs of attachment, which were served on a brigantine 
belonging to said Keeney; tbat Judson Burton and Gideon 
Tomlinson, late deceased, both of Stratford, gave a bond to 
the sheriff of Fairfield county, conditioned to deliver said 
brigantine to said sheriff to be taken in execution on said 
judgments to be recovered in said actions ; that said actions 



024 PUBLIC RECORDS [October, 

came to April court 1761, when said Hazzard's attorney pro- 
posed to said Keeney to have judgments rendered on default, 
and promised that if said Keeney would suffer judgments to 
go on default that executions should not issue till said Keeney 
could settle said accounts with said Hazard, and that all 
monies paid by said Keeney should be allowed on said judg- 
ments, and if on settlement nothing was due to said Hazard 
on said bonds, there should be no cost taxed against said 
Keeney; that thereupon judgment was rendered in said 
actions against said Keeney by default, for X692 16s. IQd. 
New York money, debt, and <£11 19s. Od. lawful money, 
costs ; that said Hazard immediately took out executions 
against said Keeney, and procured the same to be returned 
7ion est, and in October, 1762, bro't an action against said 
Burton on the said bond given to said sheriff and appealed 
the same to the superior court, and at the time of final tryal 
was nonsuit in said action; that the executors of said Hazard 
afterwards brought an action against said Burton and finally 
withdrew the same ; and further, that said payments made to 
said Hazard were at sundry times and in rum, sugar &c., 
chiefly, and no receipts taken for a considerable part thereof, 
and that said Hazard's executors refuse to allow the same in 
payment, and that said Keeney gave to said Burton and Tom- 
linson a deed of mortgage of his dwelling-house and home- 
stead, which must remain under that incumbrance till said 
judgments are satisfied; praying for relief &c., as per peti- 
tion on file: Resolved by this Assembly, that David Burr, 
Esq"", of Fairfield, Colo. Nathan Whiting of Newhaven, and 
Mr. Benjamin Stiles of Woodberry, be and they are hereby 
appointed a committee to hear and examine into all the mat- 
ters alledged in said petition, and make report of what they 
find with their opinion thereon to this Assembly at their 
sessions at Hartford in May next. 

Upon the petition of William Robinson of Killingly, rep- 
resenting to this Assembly held at Newhaven in October last 
that in the year 1751, he made over by deed to one Joseph 
Morey, of Smithfiel I in Rhode Island Colony, certain lands 
in said petition described, as a pledge for certain monies 
received of said Morey &c. ; praying for relief in equity: 
which matters in said petition were by said Assembly referred 
to the consideration of Jabez Fitch, Ebenezer Williams and 
Robert Dixon, Esq^*, the same to examine and their report 
to this Assembly to make in May last with their opinion; 
which matters said committee took under their consideration, 
heard the parties &c., and their report with their opinion 



1767.] OF CONNECTICUT. 625 

thereon made to this Assembly in May last, which was with 
ihe further consideration tliereof continued to this Assembly; 
in which report said committee found that said Robinson had 
paid to said Morey considerable part of said monies borrowed 
as aforesaid, and that said Morey had released some part of 
said land deeded as aforesaid to said Robinson, and the other 
part thereof said Morey had long before said petition sold to 
other persons with warranty <fec., and there was justly due 
from said Morey to said Robinson in equity the sum of £17 
12s. Od. lawful money, and that said Morey pay cost &c., as 
by said j^etition and report <fcc., which report is by this As- 
sembly accepted &c. : Whereupon it is resolved by this 
Assembly, that said Joseph Morey pay unto the said William 
Robinson the sum of .£17 12s. Qd. and his cost, allowed to 
be £9 19 8, lawful money, and that execution be thereon 
awarded accordingly. Execution granted Nov. 2d, 1767. 

[297] Upon the petition of Simeon Minor jun., of Stonington, 
against Reuben Hewit of said Stonington, representing that 
the said Reuben having Ijeen bound in service to the petitioner 
and some differences and disputes arising between them 
respecting their dealings, they had submitted the same to 
arbitrament, and that an award had been made in favour of 
the petitioner for £29 12s. 8|c?., but that said award by rea- 
son of some mistaken steps taken by the arbitrators had fallen 
through and been set aside, and by that means the petitioner 
had lost the service of the said He wet as also large costs in 
the course of said arbitrament and law suits between the peti- 
tioner and the said Hewit and one Collins York in and about 
the matter of said arl)itration &c. : the said York being surety 
for said Hewit's abiding said award and a party to the sub- 
mission ; praying to have commissioners appointed to examine 
and award of and concerning the accompts and dealings of the 
parties to said petition and the said costs &c., as by the peti- 
tion on file : Resolved by this Assembly, that William Wit- 
ter, Esq"", Messrs. Nathaniel Brown and Robert Creary, be and 
they are hereby appointed a committee with full power to 
enquire into and examine and adjust all matters of accompt 
and dealing subsisting between the said parties, that is the 
said Minor and Hewet, and their report and award thereon to 
make, as also of and concerning the said costs expended in 
and about the said arbitration and law-suit, as to what is lea- 
sonable and equitable respecting the same. Provided never- 
theless, and it is to be understood, that the said judgment 
obtained by the said York and Hewet is not to be affected by 
79 



626 PUBLIC RECORDS [October, 

anything done or to be done upon or in consequence of said 
petition or this appointment and commission. 

Upon the petition of James Waughwas and the rest of the 
Tunxis tribe of Indians living at Farmington, against Solomon 
Whitman, Esq"", and others of said Farmington, representing 
that the petitionees have encroached upon certain lands called 
the Indian Neck, and other lands anciently reserved and set 
apart for the use of said tribe ; praying fur relief <fec., as by 
the petition on file : Resolved by this Assembly, that Zebu- 
Ion West, Ilezekiah Humphrey, Esq'"% and Mr. Benjamin 
Payne, be and they are hereby appointed a committee with full 
povrer to enquire into the several matters in said petition men- 
tioned and set forth, and make report of what they shall find 
with their opinion thereon to this Assembly at their sessions in 
May next. 

Upon the petition of Benajah Douglass and others, the chil- 
dren and heirs of Benajah Douglass late of Canaan, deceased, 
against Asa Douglass Jate of said Canaan, now of a place 
called Jericho in the Province of the Massachusets Bay, and 
Robert Livingstone jun., Esq^ of the manor of Livingstone 
in the Province of New York, representing that the said 
deceased Benajah, when under prevailing disorder of mind, 
had passed over to the said Asa large landed estate in trust, 
and that the said Livingstone had })urchased considerable 
part thereof since of the said Asa, having notice that the 
same lay under an equitable claim of the said Benajah and his 
heirs ; praying to have the said deeds from said Benajah to 
the said Asa vacated &c., as per the petition on file : Resolv- 
ed, that Elisha Shelden, John Williams and Increase Mosely, 
Esqrs, be and they are hereby appointed a committee with full 
power to enquire into the whole of the matters and things in 
said petition alledged and set forth, and make report of what 
they shall find, with their opinion thereon, to this Assembly in 
May next. 

Upon the petition of Thomas Elmor of Windsor, against 
Isaac Bidwell of Farmington and Roswell Mills of Windsor, 
preferred to this Assembly in October, 1766, and from thence 
by continuance to this time, representing that the petitioner 
had made over to said Bidwell (being a deputy-sheriff) about 
twenty acres of meadow land lying in said Windsor, bounded 
and described as in said petition is set forth, for the security 
only of a small part of the sums due by certain executions in 
said Bidwell's hands and the officer's fees, and that the said 
Bidwell had since that time sold and conveyed the said lands 
to said Mills at public vendue for a trifling sum : he, the said 



1707.] OP CONNECTICUT. 627 

j\Iills, liavin,<>: disadvantaged the sale of said lands by setting 
u[) a claim to the same, &c. ; praying to have said lands re- 
turned to the petitioner upon his paying such sums as should 
be found due upon said executions, as by the petition on file : 
on which a committee being aj)pointed to enquire into said 
matters, tliey reported at this time, that there is due to said 
Bidwell on account of his demands on said executions &c. the 
sum of =£23 Os. Od. lawful money, and to the said Mills for 
the monies by him advanced, over and above the benefits by 
the improvement of said laud, the sum of twelve pounds five 
[298] shillings, law^ful money, with their opinion || that upon 
the payment of said sums the petitioner ought to have said 
lands j'econveyed to him, as by their report on file, which re- 
port is accepted : Whereupon it is resolved, ordered and 
decreed by this Assembly, that upon the said Thomas Elmor's 
paying to the said Isaac Bidwell the sum of X23 O.s-. Od., and to 
the said Rosvvell Mills the sum of £12 5s. Od., witliin three 
months from the rising of this Assembly, that they, the said Bid- 
well and Mills, do thereupon respectively give and execute to the 
said Thomas Elmor a good authentic deed of release and quit- 
claim of all their right and claim in and unto the said about 
twenty acres of meadow land, which they had and derived 
from said Elmor's said deed to said Bidwell, and that within 
one week after such payment to them respectively, on penalty 
of forfeiting each of the petitionees for his neglect therein the 
sum of three hundred pounds, lawful money. 

Upon the petition of Richard Deshon and Mary his wife, 
and others of New London, the children and heirs of Capt. 
John Prentiss late of New London, deceased, against Lan- 
caster Comestock of Lyme, complaining of error in the judg- 
ment of the superior court held at New London on the 4th 
Tuesday of September last, on a demurrer to the declaration in 
an action wherein the petitioners were plaintiffs and the peti- 
tionee defendant, demanding tile surrendry of certain lands and 
real estate under and by force of the will of Jonathan Pren- 
tiss the elder, late of said New London, deceased, as per writ 
dated November 10th, 1766 ; praying to have the same 
reversed and for a new tryal of said cause &c., as per the peti- 
tion on file : Resolved by this Assembly, that in rendering 
said judgment the said superior court manifestly erred and 
mistook the law, and the same is therefore hereby reversed 
and set aside, and the petitioners have liberty granted to enter 
and have their said cause tryed at the superior court to be held 
at Norwich on the fourth Tuesday of March next. 

Whereas upon the petition of Edward Halleck of Newbor- 



628 PUBLIC RECORDS [October, 

ough in the Province of New York, against Samuel Hall 3d of 
Wallingfuj'd c^'C., preferred to this xVssemlily in Octcjber last 
and thence continued to the sessions of the Assembly in May 
last, where a committee was appointed to enquire into the sev- 
eral matters alledged in said petition, which committee have 
not as yet been a))le to finish said enquiry : Therefore, resolv- 
ed by this Assembly, that the consideration of said petition 
and the powers and authorities of said committee be further 
continued to the sessions of this Assembly in May next. 

Upon the petition of Charles Caldwell, of Hartford, and 
George Caldwell, of Salisbury, shewing to this Assembly that 
Joseph Clark of Hartford brought his action against them to 
Hartford adjourned county court on the 4th Tuesday of June, 
A. D. 1765, demanding =£300 Os. Od. due by book &c., which 
action came to Hartford adjourned county court in January, 
A. D. 1767, and by said January court was put to auditors, and 
that said auditors in their return made to Hartford county 
court on the 2d Tuesday of April, A. D. 1767, found that said 
Caldwell was indebted to said Clark the sum of £115 15s. 2ld. 
lawful money, and judgment thereon rendered by said county 
court against said Cald wells for the aforesaid sum and X5 15 
4, for cost of suit, and that they are greatly injured by the 
return aforesaid, and that they are now able to shew that there 
is nothing due in law or equity from them to said Clark &c. ; 
praying this Assembly to apj)oint auditors in said cause to 
examine and report <fec., and that said judgment and execu- 
tion be set aside, and all past cost follow the final determina- 
tion of the Assembly &c., as by said petition &c. : Where- 
upon it is resolved by this Assembly, that the prayer of said 
petition be granted ; and John Chester, Esq"", Maj. Erastus 
Wolcott and Mr. Jonathan Wells are by this Assembly 
appointed auditors in said case, to convene said parties, hear, , 
examine and adjust their accompts, and make report to the 
General Assembly to be holden at Hartford on the 2d Thurs- 
day of May next; and the said judgment and execution, and 
all proceedings thereon in consequence thereof, are hereby set 
aside and made void. 

Upon the petition of Nathaniel Humphrey of Symsbury, 
representing that in the year 1764, he being a lieutenant in 
the service of this Colony and on his march through the 
town of Litchfield with his company towards Fort De Droit, 
one Martin Humphrey, one of the sergeants in said company,, 
was taken by an execution, under the sum of ten pounds ster- 
ling, and committed to said gaol; that he moved to the 
authority in said town of Litchfield for help and relief ini 



1767.] OF CONNECTICUT. 629 

order to obtain the discharge and release of the said Martin 
from said gaol, but could find none ; that upon advice and 
countenance then given, he presumed to open the inward 
[299] door of said || prison and set the said Martin at libei'ty ; 
that the petitioner was thereupon arrested and l)Ound over to 
the county court held at said Litchfield in the county of 
Litchfield on the 4th Tuesday of September 1764, in a recog- 
nizance of twenty pounds, money, to answer the complaint of 
one Asa Hopkins, constable of said Litchfield, for breaking 
said prison and enlarging the said Martin &c., on which 
he was afterwards sued, and judgment hath since been ren- 
dered against the petitioner in favour of the treasurer of said 
county of Litchfield, for the sum of fifteen pounds, lawful 
money, damages and costs &c. ; praying for relief &c. : Re- 
solved by this Assembly, that there be abated to the said Na- 
thaniel Humphrey, the petitioner, of said bond of recogni- 
zance the sum of seven pounds fifteen shillings, lawful money, 
in addition to what has been abated thereon l)y the county 
court in said county of Litchfield, and that he be fully dis- 
charged and exonerated thereof. 

Upon the petition of Elisha Francis and Anne his wife, of 
Symsbury, against Daniel Adams and Lucy his wife and Aza- 
riah Wilcoxson and Mary his wife, of said Symsbury, repre- 
senting to this Assembly that the petitionees being heirs to- 
gether with others of John Sexton late of said Symsbury, 
deceased, taking advantage of the weakness of the said Fran- 
cis, had by undue measures while the last will of the said 
John was under consideration for the probate thereof, ob- 
tained from the said Francis first a large bond obliging him- 
self and wife to convey, and afterwards and in consequence 
thereof compelling him, the said Francis and his said wife, 
to convey to them the one half of certain real estate given 
part thereof to the said Anne by deed from the said John 
Sexton, and the residue by his said last will given to the said 
Elisha, which will hath been since proved and appproved ; 
praying to have said deed from the said Elisha and Anne 
Francis to the said Wilcoxson and wife and Adams and his 
wife vacated and set aside &c., as by the petition on file: Re- 
solved by this Assembly, that John Pitkin, Esq^, Capt. John 
Lawrence and Maj. Erastus Wolcott be and they are hereby 
appointed a committee with full power to enquire into the 
several matters alledged and complained of in said petition, 
and make report of what they shall find, with their opinion 
thereon, to this Assembly in May next. 

Upon the memorial of the President and Fellows of Yale 



630 PUBLIC RECORDS [October, 

College in Newhaveii, representing that the revenues of said 
college are insufficient to defray the necessary exponces 
thereof, and that by a resolve of this Assembly passed in Octo- 
ber last, among other things it is recommended to the memo- 
rialists that, in order to the continual support of said college, 
their accompts be annually laid before the General Assembly 
of this Colony in the October session, which they have now 
accordingly done ; praying this Assembly to make such grant* 
for the support of said college as may be judged necessary 
&c. ; and by their accompts now exhibited it appears that 
they are in debt for the last years' expences of said col- 
lege the sum of <£159 Sa. 6c?., including a balance of X49 
8s. 6d. due towards finishing the chapel, and that some re- 
pairs of the old college and colouring the windows of the new 
college and chapel are now necessary, the cost of which is 
computed at £63 lU-. 6d.: Resolved by this Assembly, that 
said sums, amounting to two hundred and twenty-three 
pounds, lawful money, in the whole, be paid out of the duties 
on rum collected by the naval officers in this Colony, and the 
naval officer for the port of Newhaven is hereby accordingly 
ordered to pny the same to the treasurer of said college out 
of said duty on rum, or so much thereof as he hath money 
arising thereon in his hands ; and in case said naval officer 
have not sufficient to pay the whole, the naval officer for the 
port of New London is ordered to pay the residue thereof to 
said treasurer, for the use and purpose aforesaid. 

Upon the report of Messrs. Increase Mosely, Bushnel Bost- 
wickand Isaac Baldwin, Esq^^ a committee appointed former- 
ly by this Assembly to enquire into the affairs of Ousatunuck 
Kiver Lottery : It is resolved and granted by this Assembly, 
that John Williams of Sliaron and Cyrus Marsh of Kent, 
Esq'"^ be and they are hereby appointed and impowered, in 
their own names for the use of the Governor and Company 
of tliis Colony, to ask, demand and sue for, or otherwise by 
composition to obtain out of the estates of William Tanner, 
late of Cornwall, deceased, John Hitchcock or Kent, and 
Jehiel Hawloy late of said New Milford, all such sums of 
money as are due from them respectively to said lottery, or 
so much thereof as can be obtained ; also that they recover 
[300] and obtain whatever || may be recoverable upon the 
several debts contracted and receipts taken in favour of said 
Tanner, Hawley and Hitchcock, for tickets sold, as mentioned 
in said report, and apply the same to the redemption of the 
benefit tickets in said lottery, and render their accompts 
thereof to this Assembly at their sessions in May next. And 



1767.] OF CONNECTICUT. 631 

in the meantime the Treasurer of this Colony is hereby or- 
dered to pay out of the Colony treasury the sum of one liun- 
dred pounds, lawful money, to the said Williams and Marsh, 
to the purpose of so far discharging the sums due on the bene- 
fit tickets in said lottery. 

Upon the memorial of David Whitney and others, inhalnt- 
ants of Canaan in the county of Litchfield, praying that two 
societies might l)e formed and erected in said Canaan town- 
ship by a line described therein, Colo. John Pitkin of Hart- 
ford, William Wells, Esq"", of Glastonbury, and John Owen, 
Esq"", of 8ymsbury, all in the county of Hartford, were by llie 
General Assembly in May, A.D. 1767, in their sessions at 
Hartford, appointed a committee to repair to said Canaan, to 
view the circumstances and situation thereof, and to enquire 
into the present funds and estate of said town, and also the 
expediency or inexpediency of dividing by the line prayed 
for, and generally of every other matter which might be nec- 
essary and conducive to the just settlement of a division of 
said town into two societies, and to report &c. ; which com- 
mittee having reported to this Assembly tliat, liaving repaired 
to said Canaan and viewed etc., they found that in said town 
there is a large mountain that runs almost tlirougli said town 
from the southeast corner near to the northwest corner of 
said town, and the meeting-house stands within about half a 
mile of the west line of said town, and that the inhabitants 
of said town are settled from the northeast corner round the 
northwest end of the mountain about to the southeast corner 
of said town, which makes it about fourteen miles as the 
roads run, which makes it difficult to attend public worship ; 
tliat the list for said town in the year 1766 was X 11689 5s. 
Od., and the interest of the j)ul»lic fund in said town for the 
support of the ministry amounts annually to about the sum 
of X17 Os. Od. lawful money, and that they are of opinion 
that it is expedient that said town be divided into two ecclesi- 
astical societies, and that the line for dividing said societies 
begin on the east side of said town at the line for dividing 
the militia, and to extend westward in said line until it meets 
with the east line of David Holcomb's land, and then to run 
northwardly to the northeast corner of said Holcomb's land, 
and then to run westwardly hi said Holcomb's north line to 
his northwest corner bounds, and from thence a straight line 
to a highway north of the meeting-house, which highway 
leads to iSalisbury, and then running in said highway to the 
bridge over the river called Housatunuck River; and that the 
fund for the support of the ministry in said town be equally 



632 PUBLIC RECORDS [October, 

divided between said societies ; which report is accepted by 
tliis Assembly: Whereni)Oii it is resolved by this Assembly, 
that the said town of Canaan be, and the same is hereby, di- 
vided into two distinct ecclesiastical societies by the line de- 
scri 1)0(1 in said report of said committee, with all the powers 
and priviledges usually belonging to ecclesiastical societies in 
this Colony. And the inhabitants living in said town south 
of said line shall remain and be called and known by the 
name of the first society in said town ; and the inhabitants 
living north of said line shall be called and known by the 
name of the second society in said town. And the fund in 
said town for the support of the ministry in said town shall 
be equally divided between said societies. Provided also, 
and it is further resolved, that the covenants and agreements 
heretofore entered into and now subsisting by and between 
the said town of Canaan and the present minister or pastor 
thereof shall be, continue and remain between said first society 
and said minister, in the same manner obligatory as the same 
were and ought to be between said minister and said town be- 
fore the passing this act. 

Upon the memorial of Zebulon Gibbs, inhabitants of the 
south part of Litchfield in the county of Litchfield, consisting 
of about seventy families, preferred to the General Assembly in 
their sessions at Hartford in May last, therein jjraying that 
that part of said town of Litchfield lying within the following 
bounds, to wit, beginning at a double white oak tree standing 
in the line between Waterbnry and Litchfield about four rods 
east of the branch of Waterbnry River, thence running 
[301] north || three miles, thence westerly a parallel line with 
Woodberry and Waterbnry lines six miles and forty-six rods, 
thence south one mile and one half, thence southerly to the 
northeast bounds of Judea, thence easterly by Woodberry and 
Waterbury lines to the first-mentioned bounds, be made and 
formed into a distinct ecclesiastical society, with all the privi- 
ledges thereof, and that a committee might by said Assembly- 
be appointed to view their situation and circumstances, and 
report their opinion thereon : which said Assembly appointed 
Benjamin Hall, Elihu Chauncey and Elisha Williams, Esq""**, 
a committee for the purpose aforesaid ; which said committee 
having viewed the circumstances of said inhabitants and their 
situation, and heard all parties concerned, made their report 
to this Assembly that it was their opinion that the memorial- 
ists be made a distinct ecclesiastical society within the bounds 
prayed for, with this alteration, viz : that instead of a due 
north line from the double white oak tree it should be a line 



1767.] OF CONNECTICUT. 633 

beginning at said white oak tree, and thence running north- 
erly about two rods west of the present dwelling-house of 
Joshua Mason till it intersect the northern line abovemen- 
tioned ; which said report of said committee being accepted 
by this Assembly : It is thereupon resolved by this Assem- 
bly, that the inhabitants living within the aforementioned lim- 
its, with the alteration only as mentioned in the report of said 
committee above referred to, be erected into a distinct eccle- 
siastical society and be invested with all the powers and priv- 
iiedges which other ecclesiastical societies in this Colony 
established by law do enjoy ; and that the same be hereafter 
called and known by the name of South Farms ;* and the in- 
liabitants are hereby made and constituted a distinct ecclesi- 
astical society with all the privilcdges and powers as afore- 
said. 

An Act for making' and forming' that Part of Midletown -which lyeth on 
the East Side of Connecticut River into a distinct To"wn. 

Whereas this Assembly are informed that the inhabitants 
■of that part of Midletown which lyeth on the east side of Con- 
necticut River are many of them very remote from the main 
"body of the town of Midletown and place of holding their pub- 
lic meetings, and that they are by their situation, the badness 
of the roads and difficulty of crossing the ferry over said river, 
at many seasons of the year almost entirely deprived from 
attending the public meetings in said town, and suffer great 
inconveniences thereby, and that for them any longer to con- 
tinue as a part of said town of Midletown is very inconveni- 
ent : 

Therefore, he it enacted hy the Governor, Council mid Rep- 
resentatives, in General Court assembled, and hy the authority 
of the same. That that part of Midletown which lieth on the 
east side of Connecticut River be, and they are hereby, erect- 
ed, made and constituted within the limits and bounds thereof 
a distinct t,own, with all the liberties, priviledges and immuni- 
ties, which by law" the other towns have and do enjoy ; and said 
new-constituted town shall hereafter be called and known by 
the name of Chatham : with this limitation and restriction, 
that but one Representative which said new-constituted town 
shall at any time choose to attend the General Assemblies 
shall be at the public expence. 

And he it further enacted hy the authority aforesaid. That 
said town of Chatham shall have and hold their first town- 
meeting for the choice of town officers for the year ensuing 
some time in the month of December next, which meeting 
.shall be warned by a warrant signed hy any justice of the 

*Incorporated as the town of Morris, May session, 1859. 
80 



634 PUBLIC RECORDS [Octobcr, 

peace in the county of Hartford, to be directed to any indiffer- 
ent person to serve; which warrant shall appoint the time and 
place at which said meeting is to be held, and shall be served 
at least five days before the day appointed for holding said 
meeting. 

Upon the memorial of Samuel Canfield, of New Milford in 
Litchfield county, Esq"", shewing to this Assembly that he had 
for the public good, pursuant to advice of authority, expended 
the sum of forty pounds, lawful money, in prosecuting Lewis 
Hunt and John Bracket and others, for a notorious riot, and 
that he must lose the whole unless relieved by this Assemlily : 
Resolved by this Assembly, that the said Canfield shall stand 
discharged from the payment of the debt, part of a judgment 
[302] recovered before the superior court held at Litchfield || 
in Litchfield county on the said Canfield's forfeiting a bond of 
recognizance of thirty pounds formerly acknowledged before 
Roger Sherman, Esq"", then a justice of peace for Litchfield 
county, in favour of the Colony Treasurer. And wiiereas 
about fifteen pounds hath been formerly paid on the execution 
issued on said judgment, to Samuel Pettibone, Esq"", the for- 
mer King's attorney for Litchfield county, the said Pettibone 
is directed and ordered to refund said payment to said Canfield 
after reserving in his hands the contents of the costs contain- 
ed in said execution. And if it shall so happen that the said 
Pettibone shall have paid any part of the debt of said execu- 
tion into the Colony treasury of this Colony before he shall 
have notice of this resolve, that then the Treasurer of this Col- 
ony repay the same to said Colony [Canfield.] 

Upon the memorial of Charles Caldwell of Hartford and] 
George Caldwell of Salisbury, shewing to this Assembly that' 
they have a furnace and a large bed of oar at Salisbury, which 
they procured at a great sum, and that the same is and likely 
to be vastly beneficial to the Colony in supplying it with pig- 
iron, hollow-ware &c., and that the memorialists stand in need 
of some more cash than they are able to conimand at this time 
of scarcity of money, to carry on said works as profitably to 
themselves and beneficial to the public as may be, and pray- 
ing this Assembly to let them on interest twelve hundred 
pounds out of the public treasury for the space of two years 
&c., as per memorial &c. : Whereupon it is considered and 
resolved by this Assembly, that the memorialists have obliga- 
tions in favour of this Colony put into his hands with power 
to collect the same, and orders drawn in their favour on the 
constables &c., in the whole to the amount of twelve hundred 
pounds, lawful money, to enable theni to raise and receive the 



1767.] OF CONNECTICUT. 635 

same on tlieir procuring and giving security to the Governor 
and Com]iany of this Colony for the aforesaid sum with three 
able sureties besides themselves, to be paid in two years with 
the lawful interest therefor. And this Assembly hereby ap- 
point and impower John Chester, Esq"", John Ledyard, Esq"", 
and Capt. John Lawrence, a committee to take and approve 
the security to the Governor and Company aforesaid, and the 
sufficiency of said sureties to be procured by said memorial- 
ists ; and thereon said committee are to certifie to the Treas- 
urer of the Colony, and order him to deliver out to said memo- 
rialists ol)ligalions and orders etc. as aforesaid, to the amount 
of the sum aforesaid ; and the Treasurer on receiving such 
certificate and order aforesaid is hereby enabled and impow- 
ered to deliver to the memorialists obligations due to the Col- 
ony and orders on the constables as aforesaid, to the amount 
of twelve hundred pounds as aforesaid, for the use and benefit 
of said memorialists. 

Upon the memorial of the first society in Plainfield, repre- 
senting to this Assembly that the town of said Plainfield was 
lately divided and made two ecclesiastical societies ; that the 
second society was made and constituted upon certain condi- 
tions, viz : that said second society should pay annually to said 
first society for the support of the ministry &c. what sum said 
first society should fall short of being two-thirds of the whole 
rateable estate of said town kc ; that said second society have 
failed to pay said sum due to the said first society &c. ; that 
great difficulties have arisen &c. ; praying for relief (fee, as 
per memorial on file : Resolved by this Assembly, that Hez- 
ekiah Huntington, Jabez Huntington and Zebulon West, Esq", 
be and they are hereby appointed a committee with full pow- 
er to repair to said Plainfield and enquire into the circum- 
stances of the memorialists and the rest of the inhabitants of 
said town of Plainfield, their actions and transactions relative 
to the matters in said memorial contained, and all circum- 
stances relative thereto; and of what they shall find, with their 
opinion of what measures may be proper for this Assembly to 
be come into for promoting and settling peace and good order 
among them, to make report to this Assembly at their ses- 
sions in May next. 

Upon the memorial of Zebulon Eliot, late of Groton now of 
New London in the county of New London, shewing to this 
Assembly that at Groton aforesaid on the 22d day of October, 
1763, he hired of one William Haven, of Southampton in the 
county of Suffolk and Province of New York, then in full life 
but since deceased, the sum of thirty-four pounds eight shil- 



636 PUBLIC RECORDS [October, 

lings and nine pence, New York currency, and for the security 
[303] and payment of said snm to said Havens || lie, the said 
Eliot, executed to said Havens a good, ample and authenticlc 
deed of a certain lot of land with a dwelling-house tliereon, 
situate and being on the east side of Stonington Harbour in 
said county of New London, butted and bounded as per deed 
&c., and the said Havens then and there duly executed aljond 
to said memorialist, on the penalty of one hundred and fifty 
pounds, lawful money, conditioned for the reconveyance of 
said premises by the 22d of October then next, upon the repay- 
ment of said principal monies ; and that whereas the said Ha- 
vens being since deceased, and his heirs living out of the Col- 
ony and some under age &c. ; praying this Assembly to order, 
impower, authorize and enable, Thomas Mumford of said Gro- 
ton, administrator on said Havens' estate, to reconvey said 
premises to said Eliot upon his, said Eliot's, repaying said pur- 
chase money aforesaid ; as per memorial on file &c. : Resolved 
by this Assembly, that the said Thomas Mumford, adminis- 
trator aforesaid, be ordered and impowered, and he is hereby 
ordered and impowered, to reconvey said premises to said 
memorialist, upon the payment of the purchase money afore- 
said, by his deed under hand and seal by him, said Mumford, 
administrator aforesaid, well executed to said Eliot, his heirs 
&c., which being duly acknowledged and recorded, as the law 
directs, shall be good evidence of the title of said premises. 

Upon the memorial of the inhabitants of the town of Union 
against the town of Ashford, representing that a cei-tain line 
formerly run by Mr. Josiah Conant for the north line of said 
town of Ashford had been established by the General Assembly 
for the north line of said town, [and consequently to be the 
south line of said town] of Union ; further representing that 
the same was done by mistake, the true line being a line before 
that time run by Colo. Allyn, terminating at the northwest cor- 
ner of said township of Ashford at a place called Kimberly's 
Corner ; praying to have said establishment of said Conant's 
line set aside &c., as by the memorial on file : Resolved by 
this Assembly, that Erastus Wolcott, Zebulon West and Jabez 
Fitch, Esqi's, be and they are hereby appointed a committee 
with full power to enquire into the several matters in said 
memorial alledged and set forth, and make report of what 
they shall find with their opinion thereon to this Assembly at 
their next sessions. 

Upon the memorial of John Wilcox and otliers, the inhabi- 
tants of the society of Westfield in the town of Midletown in 
the county of Hartford, presented to the General Assembly in 



1767.] OF CONNECTICUT. 637 

May, 1767, representing that the stake for building a meeting- 
house in said parish was unjustly fixed ; praying for a com- 
mittee to view said society and all circumstances, and to aflfix 
a place for building a meeting-house in said parish : a commit- 
tee was appointed by the Assembly in May aforesaid, who have 
made report to this Assembly, which is accepted : Resolved 
by this Assembly, that the place affixed by John Pitkin, Esq"", 
of Hartford in the county of Hartford, Joshua West, Esqr, of 
Lebanon in Windham county, and William Hilhouse, Esq^ of 
New London in New London county, a committee appointed 
in May sessions, 1767, for building a meeting-house in said 
West Field parish, on the southwest corner of Joseph Clark 
jun'r's lot, west of said Clark's dwelling-house, so as to include 
the stake within the cills, shall be and the same is hereby fixed 
and es,tablished to be the place for building a meeting-house in 
said society of Westfield. 

Upon the memorial of Joseph Spencer of East Haddam, 
representing to this Assembly that the memorialist had a 
twenty-shilling bill of the emission of this Colony that with 
interest thereon last May was equal to twenty-five shillings, 
lawful money, and that said bill while owned by him in said 
May was consumed to ashes, and that further, that one Samuel 
Fuller jun. of said East Haddam then owned a five-shilling 
bill emitted on said Colony with interest thereon equal to six 
shilling and three pence, lawful money, and tliat said last- 
mentioned bill was also burnt together with the other said 
bill, and that the said Fuller desired the said memorialist to 
make application on account of his said bill &c. ; praying that 
the said two sums of twenty-five shillings and six shillings 
and three pence may be paid to the memorialist out of the 
public treasury etc., as per memorial on file : Resolved by 
this Assembly, that the Treasurer of this Colony be ordered 
and he is hereby ordered, to pay out of the public treasury to 
the memorialist the sum of thirty-one shillings and three 
pence, money, and the memorialist deliver six shillings and 
three pence thereof to him, the said Fuller. 

[304] Upon the memorial of Daniel Osborn, of Fairfield in 
Fairfield county, conservator over Thaddeus Osborn of said 
Fairfield, shewing to this Assembly that said Thaddeus Osborn 
has been for many years, and now is, distracted and so far de- 
prived of his reason as to be uncapable of supporting him- 
self, and that he has considerable estate in said Fairfield, con- 
sisting of a dwelling-house, V)arn and about twenty acres of 
land, with right in his mothers thirds or dower, and that the 
said buildings and lands are so situated as to yield but a very 



638 PUBLIC RECORDS [Octobcr, 

small rent, and that the said buildings and the fences inclos- 
ing said lands are now in a wasting condition, and so far out 
of repair that it would take not only the rents but a consider- 
able part of the principal to put them in repair; thereupon 
]iraying that all the real estate of the said Thaddeus may be 
sold, and the monies arising on such sale be deposited in the 
hands of some proper person, to be improved for the support 
of said Thaddeus, as per memorial on file : Whereupon it is 
resolved by this Assembly, that the memorialist together with 
David Burr, Esqt", have liberty, and they are hereby fully author- 
ized and impowercd, to sell all the real estate of said Thad- 
deus Osborn and said buildings, and the monies arising on 
such sale shall by them be improved for the maintenance of 
said Thaddeus from time to time as his circumstances shall 
require ; and that they shall from time to time render^ an ac- 
count thereof to the county court in Fairfield county, in tl>e 
same manner as said conservator by law was heretofore bound 
to do. 

Upon the memorial of George Beckwith &c., ministers of 
the western association in New London county, representing 
to this Assembly that the second church and society in Lyme 
in said New London county have, for about six years now last 
past, been destitute of a regular gospel ministry and the reg- 
ular and steady administration of gospel ordinances ; praying 
this Assembly to take the case of said church and society into 
consideration, and to afford to them such relief as they shall 
judge just and reasonable &c., as per memorial on file : Re- 
solved by this Assembly, Colo, Hezekiah Huntington, Colo. 
Joseph Spencer and Maj. William Williams be, and they are 
hereby appointed, a committee to repair to said society and 
to notifie all parties to appear before them, and to hear them 
on all the matters contained in said memorial, and to make 
report of what they shall find with their opinion thereon to 
this Assembly at their sessions in Hartford in May next. 

Upon the memorial of Thomas Day, David Forster, Thomas 
Pardy and others, inhabitants in the easterly part of the town 
of Sharon, praying that they [may be] made and constituted 
a distinct ecclesiastical society &c., as per memorial on file : 
Resolved by this Assembly, that Jabez Hamlin, William Pit- 
kin jun., and Joseph Spencer, Esq^s, be and they are hereby 
appointed a committee, to repair to said town of Sharon, to 
view and consider of the circumstances of said town and the 
expediency of a new society in said town, and of a line of 
division that may be proper for said society, and their report 
make to this Assembly at their sessions in May next. 



1767.] OP CONNECTICUT. 6S9 

Upon the memorial of Loiss Bclding, executrix of the last 
will and testament of Joseph Belding late of Weathersfield, 
deceased, sljewing to this Assembly that the debts and charges 
due from the estate of said deceased, for which no certificate 
heretofore has been given, surmount the moveable estate of 
the said deceased the sum of £100 Os. Od. lawful money ; 
praying for liberty to sell so much of the real estate of said 
deceased as will raise the sum of ,£100 Os. Oc?., as per me- 
morial on file : Resolved hy this Assembly, that Capt. Jona- 
tlian Belding of said Weathersfield, together with the me- 
morialist, be appointed, and they are hereby appointed and 
impowered, to sell so much of the real estate of said deceased 
as will raise the sum of £100 Os. Od. lawful money, with in- 
cident charges arising thereon ; taking the direction of the 
court of probate for the district of Hartford therein. 

Upon the memorial of Daniel Ely and others, owners of 
lands adjoyning to Eight Mile River in Lyme, shewing to this 
Assembly that no person can set any seine across the channel 
of said river or in any other way obstruct the course of fish 
up said river with [out] incurring the penalty of ten pounds 
by law provided in such cases, whereby no fishery can be car- 
ried on in said river, and the public advantage is thereliy lost 
as well as private property injured ; jn-aying that a committee 
[305] might be || appointed to view the places used in said 
river for fishing, and be impowered to make such regulations 
therein as they shall judge most expedient &c., as per memo- 
rial on file : Resolved by this A-ssembly, that Mr. Jeremiah 
Chapman of New London, John Tully and John Shipman, 
Esq", of Saybrook, be and they are hereby appointed a com- 
mittee, to repair to said Eight Mile River and view the cir- 
cumstances of the fishery there and all places adjoyning to 
said river which may be useful in taking fish, and report to 
the Assembly in their sessions in May next, with their opinion 
thereon, and to make such regulations as they shall judge 
best for the carrying on the fishery in said river in the mean- 
time : all at the expence of said memorialists. 

Upon the memorial of John Starr and others, selectmen of 
the town of Danbury, shewing to this Assembly that they 
have for some years past taken under their cai-e the estate of 
Aaron Knapp jun., an inhabitant of said Danbury, being a 
shiftless and an imprudent person, to prevent his squandering 
away his estate, and that the debts against the saicl Aaron or 
his estate, contracted by the allowance of said selectmen for 
the support of the wife and children of said Aaron, with some 
other debts justly due from said Aaron before his estate taken 



640 PUBLIC RECORDS [October, 

under the care of said selectmen, surmounts all the rents of 
the said Aaron's land the sum of <£12 Os. 4c7., and there is 
no personal estate to pay the same or any part thereof, and 
thereupon praying for liberty to sell so much of the real estate 
of the said Aaron as to satisfie said sum with incident charges 
arising thereon, as per memorial on file : Whereupon it is 
resolved by this Assembly, that liberty be granted, and liberty 
and authority is hereby granted to the said selectmen, or any 
two of them, to sell so much of the real estate of the said 
Aaron Knap jun. as will be sufficient to satisfie the sum of 
<£12 Os. 4:d. lawful money, together with incident charges 
arising on said sale. 

Upon the memorial of Elijah Smith and others, inhabitants 
of the first, second and third parishes in Lyme, shewing to 
this Assembly that they have many years soberly dissented 
from the way of worship established in this Colony, and 
soberly and conscientiously believe and practice the principles 
of the people called Baptists &c. ; praying to be made a dis- 
tinct ecclesiastical baptist society &c., as per memorial on file : 
Resolved by this Assembly, that Hezekiah Huntington, Joseph 
Spencer, Esq^s, and Maj. William Williams be, and they are 
hereby appointed, a committee to repair to said town and par- 
ishes, view their circumstances, and in general to enquire into 
every matter and thing relative to the matters complained of 
in said memorial, and to report to this Assembly at their ses- 
sions in May next, with their opinion what will be most exped- 
ient to be done thereon. 

Upon the memorial of Joseph Gilbert, Moses Parsons and 
Ebenezer Doming, all of Farmington in the county of Hart- 
ford, representing that the lands whereon they live and are 
settled are within the first ecclesiastical society in said Farm- 
ington, but about half a mile north from the north line of the 
parish of New Cambridge in said town of Farmington, ex- 
cept a small part of said Gilbert's farm, which is within the 
said parish of New Cambridge ; that they are more than 
seven miles from the meeting-house in said first society and 
within three miles of that at said New Cambridge ; praying 
to be annexed to said parish of New Cambridge : Resolved 
by this Assembly, that the said Joseph Gilbert, Moses Par- 
sons and Ebenezer Doming, with their estates and families, 
be severally and respectively annexed, to the said parish of 
New Cambridge, and that for the future they shall have and 
enjoy the same priviledges and immunities that the rest of 
the inhabitants of said society by law are entituled to. 

Upon the memorial of Elizabeth Oveat, administratrix on 



1767.] OF CONNECTICUT. 641 

the estate of Giles Oveat late of New Milford, deceased, shew- 
ing to this Assembly that the del)ts, charges and allowances 
exhibited and allowed against said estate surmount the move- 
able part of said estate the sum of X16 l.s. 2J., and praying 
for liberty to make sale of the real estate of said deceased as 
to malve said sum ttc as per memorial on file : Resolved hj 
this Assembly, that the memorialist and John Oviet of said 
New Milford have liberty, and they are hereby impowered, to 
uuike sale of so much of the real estate of the said deceased 
as to make the sum of <£16 l.s. 2d. lawful money, with inci- 
dent charges arising thereon ; taking the direction of the court 
of prol)ate for the district of Woodbury therein. 

[306] Gideon Johnson, of Derby in the county of Newha- 
ven, representing to this Asseml)ly that he was appointed con- 
servator of Ichabod Johnson of said Derby, an idiot, by the 
county court held at Newhaven on the first Tuesday of Janu- 
ary last, and that the said Ichabod was at that time in debt 
the sum of £4 10*. 5c?. lawful money, and that the said Iclia- 
bod had no estate but lands, and that the whole of said land lyes 
in two pieces, and that it will much incommode eitlier piece 
to sell a part thereof &c. : Resolved by this AsseniMy, that the 
said Gideon Johnson have liberty, and liberty is hereby grant- 
ed to the said Gideon Johnson, to sell that }»iece of said Icha- 
bod's land that contains twenty-five acres : he giving good 
security to said town of Derby for the support of said Ichabod, 
so far as the avails of said lands shall go, to the acceptance of 
the selectmen of said Derby. 

Upon the memorial of Timothy Baldwin of Derby and An- 
drew Baldwin of Milford, executors of the last will and testa- 
ment of Timothy Baldwin late of Milford, deceased, shewing 
to this Assembly that the debts due from said estate surmount 
the moveable estate the sum of £48 18s. 5t/. lawful money, 
and no provision is made by said will to pay said debt ; pray- 
ing liberty to sell so much of the real estate of the deceased 
as shall pay said debt &c. : Resolved by this Assembly, that 
the aforesaid Timothy Baldwin and Andrew Baldwin liave lib- 
erty, and liberty is hereby granted, to sell so much of the real 
estate of the said deceased Timothy Baldwin as shall pay and 
satisfie the aforesaid sum of £48 18s F>d. lawful money, with 
incident charges arising thereon ; taking the advice of the 
court of probate f<n' the district of Newhaven therein. 

Upon the memorial of Nathaniel Matson jun., administra- 
tor on the estate of Daniel Ely jun., late of Lyme, deceased, 
shewing to this Assemltly that the debts and charges exhib- 
ited and allowed by the court of probate for the district of 
81 



642 PUBLIC RECORDS [October. 

New London against the estate of snid deceased surmount tlie 
personal estate of said deceased together witli a former order 
for the sale of part of the real estate the sum of <£29 13s. Id. ; 
praying for liberty to sell so much more of the real estate of 
said deceased as will raise said sum &c., as jier memorial on 
file : Resolved, that said administrator have lilierty, and lib- 
erty and authority is hereby granted to said administrator, to 
sell so much of the real estate of the said deceased as will raise 
the sum of <£29 13s. Id. with the incident charges arising on 
such sale ; taking the direction of the court of probate for the 
district of New London therein. 

Upon the memorial of Sevignion Lewis, Beach Lewis, 
Thomas Lewis and Ebenezer Lewis, all of the society of Rip- 
ton in Stratford, representing to tliis Assembly that they live 
at a great distance from the meeting-house in said Ripton, and 
near to the place of public worship in the society of New Sti'at- 
ford, where they generally attend ; praying to be set off and 
annexed with their families and estates to the said society of 
New Stratford : Resolved by this Assembly, that the memo- 
rialists with their families and estates be and they are hereby 
annexed to said society of New Stratford. 

Upon the memorial of Prudence Merriman, administratrix 
on the estate of Nathaniel Merriman jun., late of Wallingford, 
deceased, shewing to tliis Assembly that the debts and charge 
allowed against the estate of said deceased by the court of 
probate for tiie district of New Haven, including some allow- 
ance to the widow, surmount the whole inventoried estate 
the sum of X121 19 5, and praying for liberty to sell so much 
of the real estate of said deceased as may be sufficient to raise 
said sum &c. : Resolved by this Assembly, that the memori- 
alist have liberty, and liberty and authority is hereby granted 
to her, to sell so much of the real estate of said deceased as 
may be sufficient to raise said sum of £121 19s. bd. with the 
incident charges arising on such sale ; taking the direction of 
the court of probate for the district of Newhaven therein. 

Upon the memorial of Matthew Hubbel and Margaret Hick- 
cox, administrators on the estate of Samuel Hickcox late of 
Woodberry, deceased, shewing to this Assembly that there 
hath been further debts exhibited and allowed against said 
estate since liberty obtained by this AssemlJy in May last for 
the sale of real estate for payment of debts, to the amount of 
X20 16 6, and praying for liberty to make sale of so much of 
the real estate of said deceased as to make said sum &c., as 
per memorial on file : Resolved by this Assembly, that the 
said Mathew Hubbel have liberty, and he is hereby impowered, 
to make sale of so much of the real estate of the said deceas- 



\ 



1767.] OF CONNECTICUT. 643 

ed as to make said sura of =€20 16 6, lawful mouey, with inci- 
dent charges arising thereon ; taking the advice of the court 
of probate for the district of Woodberry therein. 

On the petition of Solomon Wadham, of Goshen in Litch- 
field county, vs. Ralph Isaacs, of Newhaven in Newhaven 
county, as on file : The question was put, whether the instru- 
ment purporting a discharge from the petitioner laid in and 
objected on the part of the respondent against proceeding or 
further heai'ing on the subject matter of said petition is suffi- 
cient for that purpose : Resolved in the affirmative. 

[307] Upon the memorial of Timothy Cleaveland jun., con- 
servator to his father Timotliy Cleaveland, shewing to this 
Assembly that during the time of his being conservator as 
aforesaid he has been necessarily obliged to expend the sum 
of £116 lis. Od. lawful money, for the necessary support of 
liis said father and family and in paying his said father's debts, 
and that his accompts and charges hath by the adjourned 
county court held at Windham on the 3d Tuesday of Febru- 
ary, 1767, been allowed and ap})roved of, as that the said Tim- 
othy Cleaveland sen. hath no moveable estate to pay and sat- 
isfie the same ; praying for liberty to sell and dispose of so 
much of the real estate of the said Timothy Cleaveland sen. 
as to amount to said sum of ,£116 lis. Od. with incident 
charges arising on such sale, as by said memorial on file may 
fully appear : Resolved by this Assembly, that Aaron Cleave- 
land of Canterbury have liberty, and liberty and authority is 
hereby granted to said Aaron Cleaveland, to sell and dispose 
of so much of the real estate of the said Aaron [.sz'c?,] Cleaveland 
sen. as to pay and satisfie said sum of £116 lis. Od. lawful 
money, with the incident charges arising on such sale. 

Upon the memorial of Levi Clinton, administrator on the 
estate of Capt. Ebenezer Trowbridge late of New Haven, de- 
ceased, shewing to this Assembly that the debts and charges 
allowed by the court of probate for the district of Newhaven 
against said estate surmount the whole moveable estate £66 
19s. 8d. lawful money, and praying for liberty to sell so much 
of the real estate of said deceased as to raise said sum <fec. : 
Resolved by this Assembly, that the memorialist have liberty 
and he is hereby impowered, to sell so much of the said real 
estate as to raise said sura together with the incident charges 
thereon arising ; taking the directions of the court of probate 
for said district tlierein. 

On the memorial of Lydia Burton, administratrix on the 
estate of Daniel Burton late of Midletown in said Colony, 
deceased, shewing to this Assembly that the debts and charges 
due from said estate and allowed by the court of probate for 



644 PUBLIC RECORDS [October, 

the district of Midletown surmount the moveable part thereof 
the sum of <£30 Is. lOd. lawful money, &c. : Resolved by 
this Assembly, that the memorialist have liberty and she is 
hereby fully autborized and impowered, to sell so much of tlie 
real estate of the said deceased as will procure the aforesaid 
sum of ^30 Is. lOd. together with the incident charges aris- 
ing on such sale ; taking the directions of tlie court of pro- 
bate for the district of Midletown therein. 

On the memorial of Joseph Higby of Midletown, adminis- 
trator on the estate of Isaac Higby late of said Midletown, 
deceased, shewing to this Assembly that the debts and charges 
due from said estate and allowed by the court of probate for 
the district of Midletown surmoimt the moveal^le estate of 
said deceased the sum of X45 2s. Od. lawful money, and there- 
upon praying for lilierty to sell real estate &c. : Resolved by 
this Assembly, that the memorialist have liberty, and he is 
fully hereby authorized and impowered, to sell so much of the 
real estate of said deceased as will procure the aforesaid sum 
of .£45 2s. Od. together with the incident charges arising on 
such sale ; taking the directions of the court of probate for 
the district of Midletown therein. 

On the memorial of Elijah Wright, the only surviving exe- 
cutor of tbe last will and testament of Capt. Timothy Wright 
late of Weathersfield, deceased, shewing to this Assembly 
that the debts and legacies due from the estate of said de- 
ceased surmount the moveable estate of said deceased the sum 
of <£302 17s.- Ofc?. lawful money, for the payment whereof 
he hath no moveable estate, and praying for liberty to sell so 
much of the real estate of said deceased as will raise the said 
sum of £302 ITs. O^d. lawful money, as per memorial : Resolved 
by this Assembly, that the memorialist be and he is hereby 
fully impowered and authorized, to sell so much of the real 
estate of said deceased as will raise the said sum of .£302 
17 Of, lawful money, together with the incident charges of 
such sale; tal\ing the direction of the court of probate for 
the district of Hartford therein. 

Upon the memorial of Mary Andrus, administratrix on the 
estate of David Andrus late of Noi'wich in Newlondon 
county, deceased, shewing to this Assembly that the debts and 
charges allowed by the court of probate in the district of 
Norwich, with some allowance for necessaries allowed to the 
widow, surmount the inventoried personal estate the sum of 
<£474 17s. Sd., and praying for liberty to sell real estate suf- 
ficient to pay and discharge the same, as per memorial on 
file : Resolved by this Assembly, that the memorialist, to- 



1767.] OF CONNECTICUT. 645 

gether with Elisha Fitcli of Norwich, Esq"", have power and 
they are hereby fully authorized and impowered, to sell so 
much of the real estate of the said deceased as to enable ihe 
said administratrix to pay and discharge the said sum of £414: 
17s. 3c?, and the incident charges arising on such sale ; tak- 
ing the direction of the court of probate in the district of 
Norwich therein. 

Upon the memorial of William Cadey jun. and Jeremiah 
Cadey.bothof Plainiield, administrators on the estate of Wil- 
liam Williams late of said Plalnfield, deceased, shewing to 
this Assembly that the debts, charges &c. against the estate 
of said deceased amounts to the sum of £270 19«. Od. law- 
[308] ful II money, and tliat the personal estate of said de- 
ceased amounts to no more than the sum of X166 5s. Sd. 
lawful money, so that the debts &c. surmount the said per- 
sonal estate the sum of £104 13s. 9d. lawful money; praying 
to this Assembly for liberty to sell so much of the real estate 
of said deceased as to pay the said sum of £104 13 9, law- 
ful money, with the necessary charges arising thereon : Re- 
solved by this Assembly, that the said administi*ators have 
liberty, and liberty is hereby granted to them and they are 
hereby impowered, to sell so much of the real estate of said 
deceased as to pay the sum of £104 13 9, lawful money, 
with the necessary charges arising thereon ; taking the direc- 
tion of the court of probate for the district of Plainfield 
therein. 

Upon the memorial of Elisha Minor, administrator on the 
unadministred estate of Samuel Minor late of Lyme, deceased, 
shewing to this Assembly that the debts and charges due from 
said estate and allowed by the court of probate for the dis- 
trict of New London surmouiits the personal inventoried 
estate of said deceased, amounts to the sum of £16 3s. 2hd., 
and that the whole real estate of said deceased amounts to 
£22 9s. Od. and no more, and is so circumstanced as that it 
cannot be disposed of for the value thereof unless the whole 
be sold ; praying for liberty to sell the whole of the real estate 
of said deceased, as per memorial on file: Resolved by this 
Assembly, that liberty be given, and liberty and authority is 
hereby given to said administrator, to sell the whole of the 
real estate of said Samuel, deceased, upon his giving suffi- 
cient bond to tiie judge of probate for Newlondon district, 
that whatever sum shall be remaining in his hands after pay- 
ing the said debts and charges and the incident charges of 
such sale shall be ))aid to the heirs and legal representatives 
of said Samuel, deceased. 



646 PUBLIC RECORDS [October, 

Upon the memorial of Jasper Peck, of Lyme in Newlon- 
don county, administrator on the estate of Benjamin Robins 
late of said Lyme, deceased, shewing to this Assembly that 
the debts allowed by the court of probate for the district of 
Newlondon due from the estate of said deceased, together 
with the cliarges on said deceased's estate allowed l)y said 
court, amount to the sum of X17 13s. lOd., and that the 
whole inventoried estate of the said deceased amounted to 
the sum of .£19 18s. Od., being all real estate ; praying for 
liberty to sell so much of the real estate of said deceased as 
shall amount to the sum of £1" 13s. 10c?. lawful money, 
with incident charges arising on such sale, to enable him to 
pay and dischai-ge the aforesaid debts due from said deceased's 
estate : Resolved by this Assembly, that the memorialist 
have liberty, and he is hereby authorized and impowered, to 
sell so much of the deceased's real estate as shall amount to 
the sum of ,£17 13s. lOd. lawful money, with the incident 
charges arising on such sale, to enable him to pay and dis- 
charge the debts aforesaid ; taking the direction of the court 
of probate for the district of New London therein. 

Upon the memorial of Titus Hurlburt of New London, 
praying this Assembly to order and direct the Treasurer to 
pay said memorialist the sum of <£8 16s. Old. lawful money, 
which he had expended in procuring a flag for the Newlon- 
don battery etc., as per memorial on file: Resolved by this 
Assembly, that the Treasurer of this Colony pay unto said 
Hurlburt said sum out of the Colony treasury. 

On the petition of Benjamin Smith, Abraham Smith, Ger- 
shom Wheeler, Isaac Smith and David Fox, all of Glaston- 
bury in the county of Hartford, vs. John Russel, of Weathers- 
field in said county, as on file: The question was put, whether 
anything should be granted therein : Resolved in the nega- 
tive. Cost allowed respotident is £2 6 8, lawful money, ^x. 
granted Decern. 15, 1767. 

On the petition of Joel Wetmore, Jonath. Case juii. and Ros- 
wcll Case, all of Torrington in the county of Litclifield, vs. 
Epaphras Shelden of said Torrington, Esq"", as on file: The 
question was put, whether in proceeding to and rendering the 
judgment complained of manifest error did intervene: Re- 
solved by this Assembly in the negative. Cost allowed respond- 
ent is X2 3s. Qd. Ex. granted Oct. SOth, 1767. 

On the petition of Elihu Deforest and Clap Raymond, both 
of Norwalk in Fairfield county, vs. Eliphalet Beecher, of New- 
haven in the county of Ncwhaven, as on file : The question 
was put, whether the prayer of said petition should be granted : 



1767.] 



OP CONNECTICUT. 



647 



Resolved by this Assembly in the negative. Cost allowed 
respondent is £1 15s. 10c?. JSx. granted Oct. 2>0th, 1767. 

[309] The Lists of the Polls and Rateable Estate in the several Towns in 

this Colony as returned to the General Assembly 

October, 1767, viz: 



Hartford, 


£40014 


13s 


It^.Windsor, £47203 


lis. 


M 


Farming ton, 


55024 


13 





Hebron, 


22131 








Weathersfield 


, 31253 


9 


2 


Enfield, 


10606 


11 





Symsbury, 


25869 








Tolland, 


12344 


3 


6 


Glastonbury, 


15120 








Sommers, 


8086 


18 





Hadam, 


15048 


3 


6 


Bolton, 


9296 


3 





Suffield, 


18853 


17 





Stafford, 


9412 


1 





East Hadam, 


25837 


7 


6 


Midletown, 


60500 


4 


9 


Colchester, 


30809 


1 


6 


Willington, 


7059 


13 


») 


New Haven, 


60691 





9f 


Guilford, 


33391 


5 


6 


Wallingford, 


48087 


17 


li Derby, 


16554 


19 


9 


Branford, 


24014 


7 


9i Durham, 


11496 


4 


6 


Milford, 


26873 


2 


6 


Waterbury, 


30660 


17 


9 


New London, 


34408 


8 





Norwich, 


61549 


12 


4 


Stonington, 


36447 


15 


2 


Groton, 


25947 


11 


H 


Lyme, 


25915 


13 


11 


Preston, 


24434 


8 


6 


Say brook, 


24443 


17 


2 


Killingvvorth, 


17866 


5 


7 


Fairfield, 


50134 


1 


5 


Stamford, 


321.35 


17 


4 


Stratford, 


47253 








Norwalk, 


40154 





u 


Newtown, 


21196 


7 


8 


Danbury, 


24260 


5 


8 


Ridgefield, 


16164 


8 


oi New Fairfield, 


11361 


4 





Greenwich, 


20743 


13 





Redding, 


12440 


8 


111 


Windham, 


29882 


14 





Canterbury, 


18058 


18 


11 


Lebanon, 


39755 


9 





Coventry, 


22382 


15 


11 


Killingly, 


24960 


15 





Plainfield, 


12993 


1 





Mansfield, 


19394 


19 


9 


Pomfrett, 


24462 








Voluntown, 


11665 


12 





Woodstock, 


19300 








Ashford, 


15274 13 


10 


Litchfield, 


19655 


17 


6 


Sharon, 


13957 


14 


6 


Harwinton, 


6246 


10 





Woodberry, 


48024 


13 


7 


Kent, 


14600 








Canaan, 


12227 


12 





New Hartford, 


6564 


16 


4 


Cornwall, 


6553 


3 


(3 


Salisbury, 


15033 


12 


6 


Goshen. 


10588 


6 





New Milford, 


21091 








Torrington, 
















west side. 


6253 


17 


2 











Upon the petition of John Mallet jun. and Seth Porter, both 
of Stratford in Fairfield county, against Peter Mallet and Mary 
Mallet, both of Stratford aforesaid, as they are executors of 
the last will and testament of Peter Mallet late of Stratford 
aforesaid, deceased, as on file : The question was put, wheth- 
er the prayer of said petition should be granted : Resolved l)y 
this Assembly in the negative. 



648 PUBLIC RECORDS [October, 

On the petition of Isaiah Brown and Mehitabel his wife, and 
others named in said petition on file, dated Septem. 30th, 
1767, a(>ainst Robert Fairchild, of Stratford in the cou!ity of 
Fairfield, Esq"", one of the principal proprietors of the common 
and nndivided lands in said Stratford, and the rest of tlie said 
proprietors : Tlie question was put, whether the prayer of 
said petition should be granted : Eesolved bj this Assembly 
in the negative. Cost allowed respondents is <£4 4s. Id. law- 
ful money. 

On the petition of Ebenezer Clark, of Newhaven in the 
county of Newhaven, against Susanna Lcwiss of said Newha- 
ven, administratrix on the estate of Barnabas Lewis late of 
said Newhaven, deceased, and Samuel Mansfield of said New- 
haven, and Elisha Whittelsey of Wallingford in said Newha- 
ven county, as on file : Tlie question was put, whether the 
pleas offered on the part of said Susannah, one of the respond- 
ents, in abatement of said petition are sufficient to abate the 
same so far as she, the said Susannah, is affected thereby : 
Resolved by this Assembly in the affirmative. Cost allowed to 
said Susannah, one of the respondents, is XI 2s. Od. lawful 
money. Ex. granted accordingly, Oct. Wth, 1767. 

[310] On the petition of Abraham Curtiss and Amos Hard, 
both of Newtown in the county of Fairfield, as on file, dated 
May 'dih, 1767, by continuance &c.,againstMary Mallet, Peter 
Mallet, and others named in said petition : The question was 
put, whether the prayer of said {)etition should be granted : 
Resolved i>y this Assembly in the negative. 

On the petition of Freegrace Adams, of Suffield in the 
county of Hartford, against Handerson Inches, of Boston in 
the county of Suffolk in the Province of the Massachusets Bay, 
as on file: The question was pnt, whether anything should 
be granted on the prayer of said petition : Resolved by this 
Assembly in the negative. 

On the petition of Isband Negro, a servant, of Newhaven in 
the Colony of Connecticut, against Gideon Wheeler, of Strat- 
ford in tlie county of Newhaven [Fairfield], as on file : The 
question was luit, whether the prayer of said petition should 
be granted : Resolved hy this Assembly in tlie negative. 

On the petition of Samuel Richards, of Norvvalk in the 
county of Fairfield, against Henry Waring, late of Stamford 
now of Greenwich in the said county of Fairfield, as on file, 
dated August 26tli, 1767 : The question was put, whether 
the demurrer exhibited by the respondent to the said petition 
should be admitted and the parties heard thereon accordingly : 



1767.] OP CONNECTICUT. 649 

Resolved by this Assembly in the affirmative. The said peti- 
tioner then withdrew his petition. Cost allow'' d respondent is 
£2 Is. Qd. laivful money. Ex. granted October 30^ A, 1767. 

Resolved by this Assembly., That the Treasurer of this Col- 
ony be directed to attend the Assembly at Newhaven on 
Thursday the 29th of October instant, furnished with money 
to pay the members thereof. 

This Assembly grants to his Honour the Governor the sum 
of one hundred and fifty pounds, lawful money, for the last 
half of his salary the current year. 

This Assembly grants to his Honi" the Deputy Governor the 
sum of fifty pounds, lawful money, for the last half of his sal- 
ary the current year. 

The accompt exhibited by Mr. Timothy Green, printer, 
amounting to the sum of X 7 Is. 3c?. lawful money, is allowed, 
and the Treasurer of the Colony is ordered to pay the same 
accordingly. 

Resolved by this Assembly, That there be paid to Mr. Thomas 
Green out of the public treasury of this Colony the sum of six 
pounds twelve shillings and ten pence, for printing the elec- 
tion sermon preached before the General Assembly in May 
last, and the Treasurer is hereby ordered to pay the same 
accordingly. 

Upon the petition of Abel Forward of Symsbury and Han- 
nah his wife, Thomas Spencer and Rebeccah his wife, Joel 
Harman, Rachel Harman, Ruth Harman, Lydia Harman and 
Cephas Harman, all of Suffield, children and heirs, except said 
Hannah, of Rebeccah Harman late of said Suffield, deceased, 
James Harman and Keziah Harman his wife, of said Suffield, 
Jacob Gillet of Windsor and Lydia his wife, and Simeon Ward 
of Pelham and Elizabeth his wife, in the Province of the Mas- 
sachnsets Bay, against Joseph Phelps, Elijah Phelps andEze- 
kiel Phelps, of Symsbury, the only acting executors of the last 
will and testament of Joseph Phelps late of Symsbury, 
deceased, and Mary Clark, alias Mary Phelps, of said Syms- 
bury, preferred to this Assembly, representing that in conse- 
quence of a decree of this Assembly obtained by the said Jo- 
seph Phelps and Hannah his late wife in their life time, in 
October, 1763, against Aaron Clark of Windsor, for £92 13s. 
9c?. and costs X13 4s. 7cZ., execution had been levyed, after the 
death of said Joseph and before the death of said Hannah, on 
three certain pieces of the said Aaron's land in satisfaction of 
said demand, whereby a legal title was made unto her the said 
Hannah, and that she since by her last will had given the 
82 



650 PUBLIC RECORDS [October, 

same to the said Mary, daughter of the said Aaron, when the 
same, as is alledged, ought to be considered as a debt and duty 
due and owing to the said Joseph Phelps, deceased, and so 
passed to the petitioners by force of his last will ; praying to 
have said estate decreed to them &c., as by the petition on file : 
Resolved by this Assembly, that Josiah Bissel and Hezekiah 
Humphrey, Esqi's, and Capt. Nathaniel Loomiss be, and tliey 
are hereby appointed, a committee with full power to inquire 
into the several matters alledged and set forth in the said peti- 
tion, and make report of what they shall find, with their opin- 
ion thereon, to this Assembly at their next sessions. 

October 80th, 1767. This Assembly is adjourned until the 
Governor, or in his absence the Deputy Governor, shall see 
cause to call it to meet again. 

Test. George Wyllys, Secret'y* 



ERRATA. 

Page 188, line 13 from bottom, for Hunington read Huntington. 

Page 241, line 21 from bottom, for Nathan Rockwell read Matthew 

Rockwell. 
Page 295, line 21 from bottom, for David Sherman read Daniel Sherman. 






REASONS 

WHY 

The BRITISH Colonies, 

I N 

AMERICA, 

Should not be charged with 

Internal TAXES, 

By authority of 

PARLIAMENT; 

Humbly offered. 

For CONSIDERATION, 

In Behalf of the Colony of 

CONNECTICUT. 

N E W - H A YEN: 
Printed by B. Mecom. M.DCC.LXIV. 






REASONS &fc. 



BY the Constitution, Government and Laws of Great Britain, 
the English are a Free People. Their Freedom consists prin- 
cipally, if not wholly, in this general Privilege, that " No Laws can 

BE MADE OR ABROGATED, WITHOUT THEIR CoNSENT, BY THEIR REPRE- 
SENTATIVES IN Parliament." 

By the Common Law of England, Q-^eYj Commoner hath a Right 
not to be subjected to Laws made without his Consent, and because 
such Consent (by Reason of the great Inconvenience and Confusion 
attending Numbers, in such Transactions) cannot be given by every 
individual Man in Person, therefore is the Power of rendering such 
Consent, lodged in the Hands of Representatives, by them elected 
and chosen, for that Purpose. Their Subjection, then, to their 
Laws, is not forced, but voluntary. 

As the chief Excellency of the Britiah Constitution consists in the 
Subject's being bound only by such Laws to which they themselves 
Consent, as aforesaid ; and as, in order to their enjoying that Right, 
they are (agreeable to the Constitution) necessarily vested with the 
Power of electing their Representatives ; so this Right or Power is 
a fundamental Privilege, and so essential a Part of the Constitution, 
that, without it, the Subject cannot be said to be free : Therefore, 
if he be hindered from voting in such Election, or obstructed in the 
lawful Use of that real Right or Privilege, a Suit will lie for him 
at Common Law. 

None of the Privileges included in those general Rights (which 
in an especial Manner, denominate the British Subjects a free Peo- 
ple) is maintained with greater Care and Circumspection, and of 
which they are more jealous, than this particular, known, approved 
and fixed one, that No Tax, Loan or Benevolence can be imposed 
on them, but with their own Consent, by their Representatives in 
Parliament. This Privilege is of ancient Date, and whenever it 
hath been encroached upon, has been claimed, struggled for, and 
recovered, as being essential for the Preservation of the Liberty, 
Property, and Freedom of the Subject : For if the Privilege of not 
being taxed without their Consent, be once taken from them, Lib- 
erty and Freedom are certainly gone with it. That Power which 
can tax as it shall think proper, may govern as it pleases; and those 
subjected to such Taxations and Government, must be far, very far 
from being a free People : They cannot, indeed, be said to enjoy 
even so much as the Shadow of English Liberties. 



654 APPENDIX. 

Upon these general and fundamental Principles, it is conceived 
that the Parliament (altho it hath a general Authority, a supreme 
Jurisdiction over all his Majesty's Subjects; yet, as it is also the high 
and safe Guardian of their Liberties) doth not extend its Taxations 
to such Parts of the British Dominions, as are not represented in 
that grand Legislature of the Nation; nor is it to be presumed that 
this wise and vigilant Body will permit such an essential Right, 
which is as the very Basis of the Constitution, in any Instance, ever 
to be violated. And upon the same Principles (as is apprehended) 
those subordinate Jurisdictions or Governments, which, by Dis- 
tance, are so separated from Great Britain, that they are not and 
cannot be represented in Parliament, have always been permit- 
ted to have and enjoy Privileges similar to those of their Fellow- 
Subjects in the Mother Country, that is, of being subjected only to 
Taxations laid by the particular Legislatures, wherein they are or 
may be represented by Persons, by them elected for that purpose, 
and, consequently of not being taxed without their Consent. Thus, 
in. Ireland, Taxes are laid by the Parliament of that Kingdom; and, 
in the Colonies or Plantations in America, by the several Assemblies 
or Legislatures therein. 

These being the essential Rights and Privileges of the British 
Constitution, founded on the Principles of the common Law, tho, in 
diverse Respects, particularly regulated by sundry Statutes, The 
King^s Subjects in the Plantations, claim a general Right to the Sub- 
stance and constitutional Part of them, as their Birthright and In- 
heritance. This claim is founded on such considerations as fol- 
low, viz : 

1st. The People in the Colonies and Plantations in America, are 
really, truly, and in every Respect, as much the King's Subjects, as 
those born and living in Great Britain are. "All Persons born in 
any Part of the King's Dominions, and within his Protection, are 
his Subjects; as all those born in Ireland, Scotland, Wales, the 
King's Plantations, or on the English Seas; who, by their Birth, 
owe such an inseparable Allegiance to the King, that they cannot, 
by any Act of theirs, renounce or transfer their Subjection to any 
foreign Prince. " 4 ^ac 166. 

2dlt/. All the King's Subjects, both in Great Britain and in the 
Colonies and Plantations in Ainerica, have Right to the same gen- 
eral and essential Privileges of the British Constitution, or those 
Privileges which denominate them to be a free People. 

As Protection necessarily demands and binds to Subjection and 
Obedience to that Authority and those Laws whereby a People are 
protected; so Subjection and Obedience as necessarily and justly 
in title to Protection: These mutually imply, require, and support 
each other. The King, as political Head of his SulDJects, stands 
equally related to them, in that Capacity, and is as really obligated 
to protect one Subject as well as another; and as he has an Inter- 
est in all his Subjects, so they have an Interest in him, regulated 
according to the political Constitution. Though the particular and 



REASONS, ETC. 655 

formal Parts of the Governments of the Colonies may be various 
one from another, and diverse from that of Great Britain, and such 
Diversity of Forms or Establishments necessarily arise from their 
different Situations and Circumstances; yet both Law and Equity 
agree, in this general Principle that All the King's Subjects ought 
to be supported and protected in their Rights and Liberties, and 
especially in such as are fundamental and essential to their Free- 
dom. ']'he Subjects in Great Britain are under no greater or 
stronger Obligations of Submission and Obedience to the Crown, 
than those in the Colonies are ; and, surely, if the Colonists are un- 
der the same Obligations to Submission and Obedience with other 
their Fellow Subjects, it will not be easy to shew, that they have 
not the same Right to be protected and secured in the Enjoyment 
of every just and legal Privilege. 

Though the Subjects, in the Colonies, are situate at a great Dis- 
tance from their Mother Country, and, for that Reason, cannot par- 
ticipate in the general Legislature of the Nation, nor enjoy some 
particular formal Immunities possessed by those at Home; yet, as 
they settled, at this Distance, by Royal Licence and under national 
Encouragements, and thereby enlarged the British Dominions and 
Commerce, which add Riches and Strength to the Nation; and as 
they brought with them, and constantly claimed, the general Prin- 
ciples, those fundamental Principles, which contain the Essence and 
Spirit of the common Law of the Nation; it may not be justly said 
they have lost their Birth-Right, by such their Removal into Amer- 
ica; for to suppose that those Settlements, that the Performance of 
such important and public Services, should be prejudicial to the 
Claim of the Colonies to the general Privileges of British Subjects, 
would be inconsistent both with Law and Reason, would naturally 
lead to unjust and absurd Conclusions, inasmuch as those public 
national Advantages would not have been promoted, unless some 
of the King's Subjects had planted, settled and dwelt in his Colo- 
nies abroad : And yet, that such planting, settling and living, 
should subject the Inhabitants to the Loss of their essential Rights 
as Englishmen, would be to reward great, public and meritorious Ser- 
vices with great and unspeakable Losses and Disadvantages: And 
how inconsistent such Measures and Principles are with the Hon- 
our and Justice of the British Crown and Government, may well 
deserve Consideration. It therefore seems apparent that the 
King's Subjects in the Plantations have a Right, and that it is for 
the Honour of the Crown and the Law, that they should have a 
Right, to the general and essential Privileges of the British Consti- 
tution, as well as the rest of their Fellow-Subjects. And with re- 
gard to the Colony of Connecticut, in particular, there can be no 
Question of its having such Right, as these general Privileges and 
Immunities are fully and explicitly granted and declared to belong 
to them, by the Royal Charter of Incorporation given to the said 
Colony by King Charles the Second, in the fourteenth Year of his 
Reign, in which is contained this Paragraph, viz. " And further 



656 APPENDIX. 

Our Will and Pleasure is, and We do for Us, Our Heirs and Suc- 
cessors. Ordain, Declare and Grant, unto the said Governor and 
Company, and their Successors, that all and every the Subjects of 
Us, Our Heirs or Successors, which shall go to inhabit within the 
said Colony; and every of their Children which shall happen to be 
born there, or on the Seas in going thither or returning from thence, 
shall have and enjoy all Liberties and Immunities of free and nat- 
ural Subjects, within any of the Dominions of Us, Our Heirs or 
Successors, to all Intents, Constructions and Purposes whatsoever, 
as if they, and every of them, were born within the Realm of Eng- 
landy Now, whether these Words are to be understood only as 
declarative of the Principles of the ancient Common Law of Eng- 
land, and of the common Rights of Englishmen, settled by Royal 
Licence, and under the Protection of the Crown, in a Colony or 
Plantation abroad, and so evidential of the Rights and Immunities 
belonging to all the King's Subjects in America; or whether they 
are to be considered as a Grant and Confirmation of such Privileges 
and Immunities to His Majesty's Subjects of the Colony of Con- 
necticut in particular, they equally evince (as far as a Royal Decla- 
tion and Grant can operate to that Purpose) the Truth of what is 
here pleaded for, so far as respects the People of the said Colony. 
Indeed these Words (on the general Principles of the Common 
Law) ought (as is apprehend) to be construed as containing a full 
Declaration of the Rights of the Subject, and, in order to remove 
all Doubts about the same, a Confirmation of them is annexed to or 
joined therewith. It may also be further observed, that by this 
Paragraph can't be meant or intended that the King's Subjects, 
within all his Dominions, should have or be governed by the same 
particular and formal Laws or Regulations, because their Situa- 
tions are in distant Parts of the World, and their Circumstances are 
so widely different, that the same particular Establishments and 
formal Regulations, which in one Place might be good and whole- 
some for the People, in another would be unwholesome, prejudi- 
cial, and by no means answer the End of Laws : But this Decla- 
ration and Confirmation denotes and imports (as is conceived) that 
all those general and essential Rights which the free and natural 
Subjects in tlie Mother Country are possessed of, and vested with, 
by Virtue of the main, leading, and fundamental Principles of the 
Common Law or Constitution of the Realm, the King's Subjects, 
in the said Colony of Connecticut, shall have and enjoy, to all In- 
tents, Constructions and Purposes whatsoever, that is, in such Plen- 
itude as always to be, and ever to be treated as, free and natural 
Subjects. 

3rf/y. In order that the King's Subjects in the Colonies and 
Plantations in America, might have and enjoy the like Liberties 
and Immunities as other their Fellow-Subjects are favoured with, 
it was and is necessary the Colonies should be vested with the 
Authority and Power of Legislation; and this they have accord- 
ingly assumed and exercised, from their first regular Settlement, 
down to this Time, and have been constantly owned and ac- 



REASONS, ETC. 657 

knowledged therein, treated as having such Authority, and pro- 
tected in the same by the Crown and the supreme Legislature of 
the Nation. Those Corporations, which by their Situation and 
Circumstances, are privileged with the Right of electing their 
Representatives to bear a proportionable Part in the general Leg- 
islature of the Nation, althu they may be vested with Authority 
to make By Laws and Regulations, within their own Jurisdictions, 
agreeable to the Bounds and Limits of the Charters which insti- 
tute and give them Existence, indeed are, and ought to be, 
immediately subject to the Laws, Orders, and Taxes of such gen- 
eral Legislature, as well as others, and that even without being 
expressly named, for this obvious and solid Reason, because they 
are legally represented therein : But with regard to those Corpora- 
tions or Governments, which, by their Distance and Situation, 
have no possible Opportunity of such a Representation, the Case 
is far otherwise. Whenever, therefore. Acts are formed by the 
supreme Legislature, that are, in any Respect, to extend to the 
Governments abroad, they are made to be so extended by express 
Words; and even such as are so extended to Subjects who are not 
admitted a Representation, or to bear a Part in the Legislation, 
may not improperly be said to be sovereign Acts, or Acts supported 
by the sovereign Dominion of the Makers of them. And as the 
Exercise of such sovereign Authority may be said (as is humbly 
conceived) to be, in some Measure an Exception from the general 
Rule by which British Subjects (according to the Constitution) are 
governed, it is most justly to be presumed and relied upon that 
the supreme Guardians of the Liberties of the Subjects, will 
never extend that Authority further than may be done without 
depriving any of the King's Subjects of those Privileges which 
are essential to their Liberty and Freedom, or leave them in Pos- 
session of such Rights and Liberties. It is a clear Point that the 
Colonies may not, they cannot, be represented in Parliament; and 
if they are not vested with legislative Authority within themselves, 
where they may be represented by Persons of their own electing, 
it is plain they will not be represented in any Legislature at all, 
and, consquently, if they are subjected to any Laws, it must be to 
such as they have never consented to either by themselves or any 
Representatives, which will be directly contrary to that before- 
mentioned fundamental Principle of the British Constitution, that 
" No Laws can be made or abrogated, without the Consent 
OF the People, by their Representatives." It therefore ap- 
pears that for the Crown to govern the Colonies and Plantations 
abroad, by and with the consent of the People represented in 
Assemblies or legislative Bodies, is properly and truly to govern 
them agreeable to the British Constitution of Government; and 
altho this may not, in every Form and Manner, be exactly similar 
to the Government at Home, yet, as near as the different Situation 
and Circumstances admit, will it agree with the fundamental 
Principles thei-eof . That the Colony of Connecticut (agreeable to 



658 APPENDIX. 

these general Principles) is vested with such a legislative Au- 
thority, appears by their Charter, full to that effect. By this 
Charter the Colony are impowered to meet in a General Assembly, 
consisting of a Governor or Deputy Governor, Assistants and 
Deputies, annually to be chosen by the Freemen: And such 
Assembly is vested with Authority, from time to time, to make, 
ordain and establish all Manner of wholesome and reasonable 
Laws, Statutes and Ordinances, Directions and Instructions, not 
contrary to the Laws of the Realm of England; and every Officer, 
appointed for putting such Laws, Ordinances &c. from Time to 
Time, into due Execution, is sufficiently warranted and discharged 
against the King's Majesty, his Heirs and Successors, by a special 
Clause, in the same Charter, express to that Purpose. By this 
Royal Patent it is therefore evident, that a full Power of Legisla- 
tion is granted to the Colony, limited with a Restriction that they 
conform, or are not to act contrary to the General Principles of 
the Laws of the Nation, and consequently, as when they exceed 
the Bounds and Limits, prescribed in the Charter, their Acts will 
be void, so, when they conform and regulate their Acts agreeable 
to the Intent and Meaning of it, their Acts may properly be said 
to have the Royal Approbation and Assent. And these Powers, 
Rights and Privileges the Colony has been in Possession of for 
more than a Century past. This Power of Legislation necessarily 
includes in it, an Authority to impose Taxes or Duties upon the 
People for the Support of Government and for the Protection and 
Defence of the Inhabitants; as, without such Authority, the gen- 
eral Right of Legislation would be of no Avail to them. These 
Privileges and Immunities, these Powers and Authorities, the 
Colony claims, not only in Vertue of their Right to the general 
Principles of the British Constitution, and by Force of the Royal 
Declaration and Grant in their Favour, but also as having been in 
the Possession, Enjoyment and Exercise of them for so long a 
Time, and constantly owned, acknowledged and allowed to be just 
in the Claim and Use thereof, by the Crown, the Ministry, and the 
Parliament; as may evidently be shown by Royal Instructions, 
many Letters and Acts of Parliament, all supposing and being 
predicated upon the Colony's having and justly exercising these 
Privileges, Powers and Authorities: And what better Foundation 
for, or greater Evidence of, such Rights can be demanded or pro- 
duced, is certainly diflScult to be imagined. 

These points being thus rendered so clear and evident, may it 
not thence be very justly inferred, 

Uhly. That charging Stamp Duties, or other internal Taxes on 
the Colonies in America, by parliamentary Authority, will be an 
Infringement of the 'forementioned Rights and Privileges, and 
deprive the Colonists of their Freedom and Inheritance, so far as 
such Taxations extend ? The charging a Tax on any particular 
Part of the Subject's Estates in the Plantations, by Authority of 
Parliament, will doubtless be found nothing less than taking from 



REASONS, ETC. 659 

them a Part of their Estates on tlie sole Consideration of their 
being able to bear it, or of having a sufficiency left notwithstand- 
ing. It must certainly be admitted that the People thus charged, 
do not consent, nor, have any Opportunity so to do. An express 
Consent, either by themselves or Representatives, can by no Means 
be pretended, neither can their Consent be argued from ImpHca- 
tion, as their Subjection and Allegiance to the Crown, are sup- 
posed to be according to the Tenor of the Laws of the Nation, 
for altho the King is stiled the Head of the Common Wealth, 
Supreme Governor. Parens Patrice., &c. yet is he still to make the 
Law of the Land the Rule of his Government, that being the 
Measure as well of his Power as of the Subjects Obedience ; 
for as the Law asserts, maintains and provides for the Safety of 
the King's Royal Person, Crown and Dignity, and all his just 
Rights, Revenues, Powers and Prerogatives, so it likewise declares 
and asserts the Rights and Liberties of the Subject. [4 Bac. 149.] 
Therefore, in this Case, as there can be no other implied Consent 
than what the general Principles of the Law or Constitution 
implies, or what is included in the Obligations to Submission and 
Obedience to Laws. And as the general, fundamental Principles 
of the British Constitution or Laws, which the Americans claim 
the Privilege of, are quite the Reverse of such Implications, and 
really imply and suppose the Contrary, it follows that charging 
such Taxes will be to take Part of their Estates from the People 
without their Consent, either expressed or implied; it can't be 
said such Charging would be founded on Contract, as it might be 
where the Subjects are represented in the Legislature; neither 
may it be founded on a Forfeiture, as there is no pretence of that 
Kind in these Cases; surely, then, there can be no Right either to 
demand or receive a Man's Estate, where both these are wanting. 

If these internal Taxations take Place, and the Principles upon 
which they must be founded, are adopted and carried into Execu- 
tion, the Colonies will have no more than a Shew of Legislation 
left, nor the King's Subjects in them, any more than the Shadow 
of true English Liberty ; for the same Principles which will justify 
such a Tax of a Penny, will warrant a Tax of a Pound, an 
hundred, or a thousand Pounds, and so on without Limitation; 
and if they will warrant a Tax on one Article, they will support 
one on as many Particulars as shall be thought necessary to raise 
any Sum proposed. And all such Subjections, Burthens, and 
Deprivations, if they take Place with Respect to the King's Sub- 
jects abroad, will be without their Consent, without their having 
Opportunity to be Represented, or to shew their Ability, Disabihty, 
or Circumstances. They will no longer enjoy that fundamental 
Privilege of Englishmen, whereby, in special, they are denomina- 
ted a free People. The legislative Authority of the Colonies, 
will, in Part, actually be cut off, a Part of the same will be taken 
out of their own Assemblies, even such Part as they have enjoyed 
so long, and esteem most dear; nay, may it not be truly said, in 



660 APPENDIX. 

this Case, that the Assemblies in the Colonies will have left no 
other Power or Authority, and the People no other Freedom, 
Estates, or Privileges, than what may be called a Tenancy at 
"Will ? that they have exchanged, or rather lost, those Privileges 
and Eights, which, according to the national Constitution, were 
their Birth-Right and Inheritance, for such a disagreeable Ten- 
ancy? Will not such Determinations amount to plain Declara- 
tions, to the Colonies, that altho they have enjoyed those Immuni- 
ties and Privileges heretofore, and been acknowledged and 
encouraged in the Possession and Use of them, yet now they must 
expect, for Reasons of State, for some public Utility, to part with 
them, and be brought under a kind of Subjection not far from 
the very Reverse of that Freedom they justly claim and so highly 
value ? May it not be enquired what Reasons are or may be 
assigned for so different Treatment of the Subjects of the same 
Most Gracious King, of the same general State or Community ? 
May it not, upon the whole, be concluded, that charging Stamp 
Duties, or other internal Duties, by Authority of Parliament, as 
has been mentioned, will be such an Infringement of the Rights, 
Privileges and Authorities of the Colonies, that it may be humbly 
and firmly trusted, and even relied upon, that the supreme 
Guardians of the Liberties of the Subject, will not suffer the 
same to be done, and will not only protect them in the Enjoyment 
of their just Rights, but treat them with great Tenderness, In- 
dulgence and Favour? 

Objection. 
Perhaps it may be here objected, that these Principles, if 
allowed, will prove too much, as the Parliament, by its supreme 
Dominion, has a Superintendency over all the Colonies and Plant- 
ations abroad, and Right to govern and controul them as shall be 
thought best, and most conducive to the general Good of the 
Whole; and, accordingly hath passed divers Acts for regulating 
their Trp,de and Navigation, and, in other Respects, directed their 
Conduct, limitted the Exercise of their Authorities, &c. 

Answer. 
To Objections and Observations of this Kind, it may be an- 
swered, that as the Parliament of Great Britain is most certainly 
vested with the supreme Authority of the Nation, and its Juris- 
diction and Power most capacious and transcendent, the Colonies 
will be far, very far from urging or even attempting any Thing in 
Derogation of the Power or Authority of that august Assembly, 
or pretending to prescribe Bounds or Limits to the Exercise of 
their Dominion; nothing in the foregoing Observations be sure, is 
intended, by way of Objection, but that the Crown by its Prerog- 
ative, or the Parliament by its supreme and general Jurisdiction, 
may justly order and do some Things, which may affect the Prop- 
erty of the American Subjects, in a Way which, in some Sense, 
may be said to be independent upon or without the Will or Con- 



REASONS, ETC. 661 

sent of the People, as by Regulations of Trade and Commerce 
and the like; and by general Orders relative to and Restrictions 
of their Conduct for the Good of the Whole: For as the Colonies 
are so many Governments independent on each other, or not sub- 
jected the one to the other, they can only establish Regulations 
w^ithin and for themselves respectively; and as they are all subor- 
dinate to and dependent upon the Mother Country, and Propriety, 
Conveniency and even Necessity require that they should be sub- 
ject to some General Sviperintendency and Controul, in order that 
the general Course of their Trade and Business should be so uni- 
form as to center in some general national Interest, it becomes 
plainly expedient that there should be some supreme Director over 
all His Majesty's Dominions; and this Character and Authority, 
all Men must acknowledge and allow, properly belong to the 
British Parliament. Against the Exercise of such general Juris- 
diction, for the common Interest and Advantage of the Mother 
Country and of the Plantations, collectively taken, the before 
mentioned Observations are in no Measure intended; for it is 
humbly conceived, that the Subjects in the Colonies may enjoy 
their Rights, Privileges and Properties, as Englishmen, and yet, 
for politicLtl Reasons, be restrained from some particular Corre- 
spondence or Branches of Trade and Commerce, or may be sub- 
jected therein to such Duties, Charges and Regulations, as the 
supreme Power may judge proper to establish as so many Condi- 
tions of enjoying such Trade. Reasons of State may render it 
expedient to prohibit some Branches of Trade and to burden 
others as aforesaid. And as such Regulations will doubtless appear, 
upon Examination, rather to be a preventing the Subject from 
acquiring Property, than taking it from him, after it is legally 
become his own, the Objections relative to such Establishment, 
ought to be only against those that may be supposed unequal, 
unprofitable, or not expedient, the Determination of which must 
nevertheless be left to the supreme Authority of the Nation. 
What therefore is designed to be urged from these general Princi- 
ples of the British Constitution, is, that the Legislatures of the 
Colonies ought to be left entire, and that His Majesty's good Sub- 
jects in them should be permitted the continued Enjoyment of 
their essential Rights, Immunities and Privileges, which will not, 
as is supposed, by any Means be the Case, if the internal Taxa- 
tions before mentioned should take Place. But if Restrictions on 
Navigation, Commerce, or other external Regulations only are 
established, the internal Government, Powers of taxing for its 
Support, an Exemption from being taxed without Consent, and 
other Immunities, which legally belong to the Subjects of each 
Colony, agreeable to their own particular Constitutions, will be 
and continue in the Substance of them whole and entire; Life, 
Liberty and Property, in the True use of the Terms, will then re- 
main secure and untouched. 



662 APPENDIX. 

Objection. 
On this Distinction it may perhaps be further said, by Way of 
Objection, that a Stamp Duty differs from a Tax, as it will oblige 
the Subjects only to pay for Paper, Parchment, &c. which they 
are at Liberty to use or not to use, at Pleasure; and so, if they 
chuse to make use of it, they voluntarily submit to the Charge, 
and can't be said to be taxed without their Consent. 

Answer. 

This by no Means will obviate the Arguments; for a Eegula- 
tion which necessarily obliges a Man to part with any certain 
Portion of his Estate, amounts to the same Thing as the actual 
taking such Portion from him. It must be supposed that the 
People in America will buy and sell their Lands, nay, in a Multi- 
tude of Instances, they would not know how to subsist without 
such Dispositions: They will also be necessitated to give and take 
Obligations, and to use Paper for various other Purposes, or there 
will be of Course, so great a Stagnation of Business as almost to 
bring on a Dissolution of their civil and political Existence. These 
things will be found as necessary as the Use of Agriculture itself. 
They will therefore be as certainly taxed by a Duty charged on 
the Transfer of their Lands, as by a Tax laid directly on the Land 
itself. If Lands were to be taxed, it might as well be said, 
People are not obliged to have Lands (and indeed some have 
none) so that such as do acquire them, voluntarily submit to the 
Charge, which is really saying Nothing to the Purpose, for the Use 
and Improvement of Lands, Barter, and Transmutation of Prop- 
erty are as necessary in civilized Countries, as Food and Raiment 
are to the Body natural. Indeed the Supposition of the Necessity 
and certain Use of the Articles to be charged, can be the only 
Foundation to render a Revenue arising therefrom worthy of 
Notice, as otherwise the Effect would be altogether precarious. 

Stilly. Another Reason offered as an Objection against charging 
Stamp Duties, &c. in the Colonies, may be drawn from the Conse- 
quence of such a Measure, as it is most probable, if not certain, it 
will, in the Event, prove prejudicial to Great Britain itself. The 
Colonies and Plantations in America are, indeed, of great Impor- 
tance to their Mother Country and an Interest worthy of her 
most tender Regard: The more they prosper and increase in 
Number, Riches and Commerce, the greater will be the Advan- 
tage not only to them but also to the Nation at Home. In the 
Colonies there is a Vent for and a Consumption of almost all Sorts 
of British Manufactures, and of many and various Kinds of Goods 
of the Produce of other Countries, first imported into Britain and 
from thence brought into the Plantations, whereby the Revenue 
of the Crown and Wealth of the Nation are much encreased, at 
the Expence of the Colonies; for these Goods the Colonies make 
Remittances with what Monies they are able to collect, in a Variety 
of their own Produce, and by circular Trade; and taking the 



REASONS, ETC. 663 

whole Trade together, it amounts to a very great Sum, the Profits 
of which in general center in Great Britain. If the Plantations are 
encouraged and prosper, this will be an increasing Interest and 
become more and more of Importance ; but if Measures should be 
taken, which, in Regard to them, would have a natural Tendency to 
abate their Vigour, Spirit and Industry, or to turn them into some 
other Channel to supply the Necessaries of Life, what can be 
expected but a Decrease of the Colonies Wealth and Prosperity, 
and consequently a Decay of an important national Interest. And 
as, on the one Hand, depriving the Colonies of Part of their 
Powers and Privileges and rendering the Tenures of them and of 
their Liberties and Properties precarious, as by charging Stamp 
Duties or other internal Taxes upon them by Act of Parliament, 
&c. will naturally produce that unhappy Effect of causing the 
Colonies to languish and decrease; so, on the other Hand, uphold- 
ing and continuing the Freedom of their Governments, maintain- 
ing their Authority, their Laws, securing their Properties, consid- 
ering and treating their Privileges and Immunities as Matters too 
sacred to be violated, will naturally tend to invigorate, enliven 
and encourage the People, and keep up in them a Spirit of Indus- 
try in all Kinds of Dealing and Business, and of Emulation in the 
Service of their ]\Iother Country, whereby they will become more 
able and zealous to promote the national Interest. This will 
doubtless be found almost universally to be the Case of a People 
where they enjoy Liberty, and their Lives, Properties and Privi- 
leges are secure, and the Reverse of it as generally to be the Con- 
sequence of a contrary Treatment; for what Encouragement hath 
the Merchant to expose his Interest to Chances and Dangers, the 
Farmer, the Mechanic and the common Labourer to weary them- 
selves in their fatiguing toilsome Employments, if, after all, Part 
of their Estates (and how great a Part is to them altogether 
uncertain) may be taken from them, and in such Ways and Man- 
ner as they have heretofore been led to think are inconsistent with 
their essential Rights and Liberties ? Surely then, if subjecting 
the Colonies to Burdens which will discourage and abate their 
Industry, will eventually prove disadvantageous to the Mother 
Country, and the charging of Stamp Duties or other internal 
Taxes on them, will, in the End, have that Effect (as has been 
endeavoured to be shewn and evinced) the taking such a Measure 
must be inconsistent with good Policy and the true Interest of the 
Nation. 

Stilly. Furthermore to enforce the Objections against Stamp 
Duties or other internal Taxations, it is conceived that a summary 
Representation of the Settlement, special Services and Circum- 
stances of the Colony of Connecticut, may be here, with great 
Propriety adduced, from whence very cogent Reasons may be 
drawn in their Favour. 

The first Settlers of the Colony, who were derived from Eng- 
land, their native Country, planted here in the Year 1636, and 



664 APPENDIX. 

having purcliased their Lands, or rather a Right of Pre-emption of 
the Crown, or the King's Patentees, they were obliged to purchase 
the greatest Part of them again of the native Claimers, Possessors, 
and Proprietors of the Country, and some other Part was obtained 
at a much dearer Rate, which was by Conquest; for the People 
of these new Settlements, scarce of one Year's Date, and very 
small, were forced, for the Defence of their Lives and those Set- 
tlements, which in a fair and equitable Manner they had made, to 
enter into a War with the principal Tribe of Indians, then in this 
Part of the Country, who rose with all their barbarous, insiduous, 
crafty Force and Cruelty to rout these new Settlers out of the 
Country, as the first Effort of their set and declared Design to 
break up and prevent the Settlement of New England. Against 
this numerous and powerful Tribe, enraged with Jealousy at the 
Eiiglish, these Planters, who were able to raise but about four- 
score Men, took up Arms, and, by the Smiles of Heaven, in 
sundry severe Conflicts, overthrew, conquered and effectually sub- 
dued these their crafty, bloody and inveterate Enemies. And as 
this was the first Indian War in New-England, and issued so success- 
fully on the Part of the English, whose Courage, Force and Con- 
duct in War now became the Dread and Terror of the Natives 
throughout the Land, it laid a Foundation for Tranquility in gen- 
eral for almost forty Years after, which gave a most favourable 
Opportunity for the Settlements in the Country to multiply and 
increase in Strength and Vigour. 

The Plantation and Settlement of the Colony, by the year 1661, 
being considerably increased, they made Application to the Crown 
for a Charter of Incorporation, with Powers of Government, found- 
ed on the general Principles of the English, now British Constitu- 
tion, that is to say, that they might be governed with the Consent 
of the People represented in an Assembly composed of Members 
elected for that Purpose; and, in Consequence of such Application, 
King Charles the Second, in the 14th Year of his Reign, granted 
his Royal Charter to the said Colony, the Preamble of which is 
worthy of special Notice, as in it are these words, viz. 

Whereas, hy the several Navigations, Discoveries, and successful 
Plantations, diverse of our loving Subjects of this our Realm o/" Eng- 
land, several Lands, Islands, Places, Colonies, and Plantations have 
been obtained and settled in that Part of the Continent of America call- 
ed New England, and thereby the Trade and Commerce tJiere hath been 
of late Years much i7icreased : And whereas we have been informed, 
by the humble Petition of our trusty and well-beloved John W^inthrop, 
John Mason, &c. being Persons principally interested in our Colony or 
Plantation of Connecticut in New-England, that the same Colony, or 
the greatest Part thereof, was purchased and obtained for great and val- 
uable Considerations, and some other Part thereof gained by Conquest and 
with much Dijficulty and at the only Endeavours, Expence and Charges 
of them and their Associates and those under whom they claim, subdued 
and improved, and thereby become a considerable Enlargement and Ad- 



REASONS, ETC. 665 

dition to our Dominions and Interest there: Now, know ye, that in 
Consideration thereof" &c. 

Hereby it appears that this Charter was granted upon valuable 
Considerations, which adds Weight and Strength to the Title on 
which the Claim of the Colony to the Rights, Immunities, and 
Franchises therein granted and confirmed are founded, for here 
are the Considerations of large Sums of Money advanced. Conquest 
made at the Expence of the Blood and Treasure of the Planters, 
eminent pubhck national Services performed and to be performed, 
and all to the Enlargement of the King's Dominions and for the 
Increase of the national Commerce, which the Charter is a clear and 
full Evidence of. The Powers and Privileges granted by this Char- 
ter were properly the Purchase of the People, and the granting 
was an Instance of Royal Justice to them, th.6 the Grace and Fa- 
vour of the Crown assuredly ought to be and hath been at all Times 
humbly and gratefully acknowledged therein. Therefore as there 
really were valuable Considerations which were proper Foundations 
for such a Grant, it was doubtless judged to be for the Honour of 
the Crown to grant the Powers of Government with such ample 
and beneficial Immunities and Privileges as are allowed and given 
in and by the Charter aforesaid; and these the People indeed look 
upon as the Purchase of their Ancestors, as a gracious and royal 
Reward of the Merit and Services of their Forefathers, and as one 
of the best Inheritances they left to their Children; whether there- 
fore it can be consistent with Law or Equity they should be de- 
prived of such an Inheritance, or any Part thereof, may je worthy 
of serious Consideration : For if the Right of a single Person to 
vote in the Election of a Member of Pai'liament be so sacred in the 
Eye of the Law, that to deprive him of it, entitles to an Action at 
Common Law for his Damages and the Violation of his Privileges, 
as was adjudged in the House of Lords in the Case of Ashhy and 
White, how sacred then ought the Powers, Privileges and Immu- 
nities of a whole Colony of Loyal People, of all the Freemen in it, 
to be look'd upon and considered? And of what Importance is it 
they should be defended and protected therein? As the Enjoy- 
ment of such Privileges and Liberties, of such a free Constitution 
of Government naturally tends to promote Loyalty and Obedience 
in a People, so the Inhabitants of the Colony of Connecticut (with- 
out arrogating) may, with the strictest Veracity, say and insist, 
that none of the Colonies in the British Dominions, have approved 
themselves more loyal and obedient to the King's Majesty, or more 
forward and zealous for promoting his Service, than they have con- 
stantly done. These Principles of Loyalty and Zeal, the natural 
Result of Liberty and Freedom, have influenced the Colony to ex- 
ert itself with a becoming vigorous Spirit and Resolution in public 
and benevolent Services, whenever they have been called upon or 
applied to for that Purpose. It hath not only defended itself in 
its infant State against the violent Insurrections of the Indians who 
formerly lived near or dwelt among them, and at all Times down 

84 



666 APPENDIX. 

to the present Day, against all its Enemies, but also, as it increased 
in Numbers and Strength, hath from Time to Time, afforded Aid, 
Succour and Relief to the neighbouring Colonies. It is found, by 
ancient Memorials, that the Colony of Connecticut united with, and 
at large Expence and to most remarkable Effect, assisted the other 
Colonies in carrying on the famous Indian War called the Narra- 
ganset War, which raged about the Year 1 675, when (after a shock- 
ing Destruction of the English People, their infant Towns and Set- 
tlements) those Barbarians were totally subdued, and the distressed 
Country thereby saved from impending Ruin. 

Prom the Year 1688 to about 1695, Connecticut at sundry Times 
and as Occasions required, furnished expeditious Aid and Succour 
to the Province of New- York, for the Defence and Protection of J 
Albany and other Places, then exposed to frequent Irruptions of th€ 
Frendi and Indians; in which Service, at the several Times of their| 
Distress, were employ'd about five Hundred Men, at the Charge 
and Expence of the Colony, the Amount whereof appears to b€ 
about five Thousand Pounds. Within the same Times, Help andl 
Relief were repeatedly raised and sent forward, with great Expedi-j 
tion, for the Defence of the Frontiers in the County of Hampshire,] 
in the Province of the Massachusetts- Bay, which often happily tend- 
ed to the Safety, Encouragement and Support of the People there,! 
and was gratefully acknowledged and certified by some of the! 
principal Men in those Parts. The Expence of these Services tol 
the Colony of Connecticut (besides the Loss of Lives in several Enn 
counters) amounted to near two Thousand Pounds. 

It apppears also that the Colony of Connecticut, in the Years 1703^ 
4, 5, and 6, on repeated Alarms, occasioned by Irruptions of thel 
Enemy, on the Frontier Towns and Places in the Province of the] 
Massachusetts- Bay, raised and sent Numbers of Men for the Relief, 
Succour and Defence of the Inhabitants in those Parts. These 
Men were generally sent on Horseback for the Sake of Expedition, 
the Occasions being urgent, tho at some Times on Foot. And as 
those Alarms were frequent, the Succours were sent in about 
twenty several Parties succeeding one another. The Number of 
Men employed in those Services was about seventeen Hundred and 
of Horse near nine Hundred. And the total Expence occasioned 
thereby to the Colony (as may be still shewn by the Accounts 
|;hereoi) amounted to near eleven Thousand Pounds. The Curren- 
cy in those Times was about three-fourths the Value of Sterling 
Money. All these Services were voluntarily performed by the 
small Colony of Connecticut, for the Relief and Protection of their 
Fellow-Subjects in the other Colonies (one of which in par^cular 
was under the immediate Government of the Crown) without 
receiving either Money or any other Aid from the Crown, or from 
the neighbouring Provinces. 

In the Expedition in 1710 agamst Port-Royal, now Annapolis. 
when it was taken from the French, and the costly disastrous Expe- 
ditions set on Foot against Canada in 1709 and 1711, the Colony 



REASONS, ETC. 667 

of Connecticut bore a full Proportion of Expence and sustained a 
very great Loss of Men. And the Colony failed not likewise of 
bearing a large Share in that memorable Expedition formed by the 
New- England Governments against Cape- Breton, in 1745, when it 
was reduced to the Obedience of the British Crown. This was a 
seasonable an important Conquest, and will not be forgotten, while 
the principal Articles which served as a Basis for restoring the 
Peace to Europe that followed it, are had in Remembrance. 

But the more recent Instances of the Loyalty, Zeal and Service- 
ableness of the Colony of Connecticut are such as follow. 

In the Year 1755, when Forces were raised by the Northern Colo- 
nies for removing Encroachments made on His Majesty's Territo- 
ries in America, by the French, Connecticut raised a Thousand Men 
for that Service, and also two Thousand more the same Year to 
reinforce the Army at Lake George, then apprehended too weak to 
withstand the Enemy. This Number was two or three Times the 
proportion of Connecticut compared with some other Colonies con- 
cerned in that Expedition. In 1756 it raised two Thousand five 
Hundred Men, which was double the Number proposed by the 
King's Commander in Chief for the Colony's Proportion in the 
Service of that Year. This was done by the Colony as it was sup- 
posed the southern Colonies would fail of the Proportion allotted 
for them to raise; and lest the Service should suffer, it exerted it- 
self in such duplicate Proportion. In 1 757, the Proportion demand- 
ed by His Majesty's (commander in Chief, for the Service of that 
Year, being fourteen Hmidred Men, the Colony not only raised 
that Number, but also, on Intelligence of the Attack on Fort WiU 
Ham Henry, speedily sent forward about five Thousand of the Mil- 
itia, for the Relief of that Fortress and Protection of the Country, 
then in great Consternation in those Parts. And in 1758 an Expe- 
dition was set on Foot for the Reduction of Canada, and the Colonies 
being called upon by the Crown, to raise as many Men as the Num- 
ber of their Inhabitants would admit of; and as it was apprehend- 
ed that in Case of Success, an End would be put to the War in 
these Parts by that Year's Campaign, Connecticut exerted itself be- 
yond all former Efforts, in Hopes of its being the finishing Stroke, 
and accordingly agreed to raise five Thousand Men, and actually 
had but few short of that Number in the Field. But as this impor- 
tant Design failed of Accomplishment at that Time, the Colony, by 
Royal Direction, was called upon strenuously to exert itself in the 
like Service, in 1759, and even until the End of the War. And as 
what hath been done by the Colonies, on that extraordinary Occa- 
sion, in 1758, seem'd constantly to be made the Rule of Demand 
upon them afterwards, the annual Requisition of the Crown proved 
exceeding heavy upon the Colony of Connecticut, for it had indeed 
exerted itself vastly beyond its Ability, and any just Proportion in 
that Year; yet nevertheless they agreed to raise the Number de- 
manded in every succeeding Year of the War, being spirited, as 
far as possible to yield the strictest Obedience to the King's Com 



668 APPENDIX. 

mands, and determined to persevere in his Service wit"h the utmost 
Efforts. And in the present Year 1764, the Colony hath raised 
upwards of two Hundred and fifty Men for the Annoyance of the 
Indians and Protection of His Majesty's Subjects in other Govern- 
ments. These Troops are now out on Service at the Direction of 
the King's Commander in Chief in North- America. 

In these Services, from the Year 1755 to the Year 1762 inclu- 
sive, the Expences of the Colony, over and above the parliament- 
ary Grants (which have been received with the most sensible and 
humble Gratitude) amounts to upwards of four hundred thousand 
Pounds; the large Arrears of which Sum will remain a heavy dis- 
tressing Burden upon the People for many Years to come. More- 
over several Thousands of the hardiest and most able young Men, 
the Hope and Strength of the Farmers, have been destroyed, lost, 
and enervated in the many distant arduous Campaigns, during the 
Course of this terrible War. The Husbandry of the Country (its 
only Resource) has suffered and still suffers extremely hereby; and 
the Colony will not recover itself from these Disadvantages in 
a long Tract of Time. And altho, by the Success of the military 
Operations in America, large, extensive and most valuable Acquisi- 
tions have been made to the British Dominions, yet the Colony of 
Connecticut gains Nothing thereby, further than as it may be said 
to be concerned in the common Cause and general Interest of the 
Whole. It had no Lands to recover or even to secure from the 
Enemy, as some other Governments had; it hath no immediate 
Trade with the Indians, nor will its Situation admit of any but 
what may, by some Individuals, be carried on through and so sub- 
ject to the Controul of other Colonies. The Profits of this Trade 
have ever been mostly in the Hands of those whose Proimity gave 
them peculiar Advantages for it. Nay, instead of receiving par- 
ticular Benefit by these Events, the Colony will rather suffer Dis- 
advantages thereby; in the Emigration of its Inhabitants, already 
thinned, for Settlement of the vacant Lands in other Provinces, 
which are now secure from the Enemy who formerly annoyed them. 
Therefore Principles of Loyalty and Zeal for the King's Service, 
Principles of Benevolence, Humanity and Compassion for their Fel- 
low-Subjects in Danger and Distress and the agreeable Prospect, 
a laudable Desire of enjoying Quiet and Peace, in Consequence of 
a general Tranquility in the Land, must be considered as the gen- 
uine Motives and Springs inducing the Colony of Connecticut, to 
exert itself in the Manner and to the Degrees before mentioned. 

And now, when all these Things are duly considered and viewed 
in a proper Light, will it not be thought that the Colony has good 
Reason to hope and expect, in Return for and in Consequence 
of such Services, if not to be indulged with greater and more ex- 
tensive Favours from the Crown and Nation, at least to be protect- 
ed and secured in the full Enjoyment of the Rights and Privileges 
essential to the Freedom of Englishmen, instead of having those 
Rights curtailed or infringed, by charging on them a Stamp Duty, . 
as proposed, or any other the like new and unprecedented Taxation. 



REASONS, ETC. 669 

Objection. 

Perhaps, after all that hath been offered, it will be objected by- 
some that America ought, and is able to bear a just Proportion of 
the American Expence; and that as the Duty already charged will, 
they suppose, not be sufficient to defray that Expence, it becomes 
necessary to make Additions to the Duties already laid. 

Answek. 

l5^. In order to obviate and answer this Objection it may be 
necessary to enter a little into a Consideration of the Occasion 
and Nature of those Charges which, by some are denominated 
American Expences. That Expence which is occasioned merely for 
the Defence and Protection of the new Governments and Acquisi- 
tions, it is conceived ought not to be charged upon the Colonies in 
general, as it is truly no other than a national Interest, or an Inter- 
est of the particular new Governments or Acquisitions, and conse- 
quently ought, where it is not purely national, to be laid on those 
whose immediate Profit is advanced thereby. The old Colonies, es- 
pecially Neiu-E)i[/Iancl,weve at the sole Charge of settling and defend- 
ing themselves, and that they should now be compelled to contrib- 
ute towards settling others, under much better Advantages in that 
Regard than they were, will not fail of being esteemed hard and 
injurious. If the Expence arises in defending and securing the 
Fur Trade and the Out-Posts requisite for carrying on the same, to 
oblige these Colonies which receive no immediate Advantage by it, 
to bear a proportionable Part of the Burden, will also be hard and 
unequal, and especially if that Trade is sufficiently profitable to 
support itself, if otherwise, why is there so much Care and mighty 
Attention constantly exercised towards it. If the Expence occurs 
in liolding and protecting the new and large Acquisitions, where- 
fore should the Colonies bear that, when they have no Interest in 
them ? they do indeed properly belong to the Crown, and will 
finally be disposed of and settled for the Benefit of the Crown and 
the Nation in general, and not for the Advantage of the Colonies 
in particular. But, 

2dly. What America's proportionable Part in the American Ex- 
pence will be, is somewhat uncertain and difficult to determine: 
And in order to form any tolerable Judgment in the Case, it will 
be necessary to consider the Wealth of the Colonies, compared with 
the Mother Country; their Number of Inhabitants, compared with 
the Extent of their own Country; the Nature of their Climates, in 
some of which the Cold Seasons are of such long Continuance, as 
to occasion a Consumption of the greatest Part of their Produce, 
their Trade and Commerce, the Profits of which in general center 
in Great Britain ; their Business, Advantages and Disadvantages 
and other Circumstances, such as their being, in a general AVay, 
obliged to spend so great a Propoition of their Labour in clearing, 
fencing and preparing their Lands for Improvement; and that the 
Surplus of their Labour, in many Instances, is but very little and 



670 APPENDIX. 

in some Nothing at all. The clear Profits therefore to the Colo- 
nies being so very inconsiderable, it must surely be found, on a 
just and reasonable Computation, that their Proporiion of any gen- 
eral national Expence, if any Thing, will be very small. But, 

Zdly. If, notwithstanding, it shall be judged necessary (which 
is even a difficult Supposition) to make an Addition to the Cnarges 
on America, yet it is humbly conceived, for the Reasons already 
offered, it will not by any Means ever be thought proper or just 
in order to effect that Purpose, it should be done in a Way that 
shall be an Infringement on the Constitutions of the Colonies, or 
that will deprive the Subjects in them of some of those important 
Liberties and Privileges, which, as Englishmen and Freemen they 
so justly value, and have a legal and equitable Right to, as well as 
the Rest of their Fellow-Subjects. Revenues ai-e never raised in 
Great Britain by a Violation of the Constitution or any Part of it, 
but the Liberties and Privileges of the Subjects are always saved 
and maintained in those Cases; and why the Americans should 
not value their Privileges at as high a Rate as their Fellow-Subjects 
in Great-Britain do theirs, and wherefore the same Justice is not 
due to the one as to the other, what sufficient Reasons can possibly 
be assigned ? Therefore whatever may be done in this Matter, it 
is humbly trusted will surely be effected in such Manner as to leave 
the IjCgislatures of the Colonies entire, and the Peoplp in the full 
Possession and Enjoyraent of their just Rights and Immunities. 
This, it is conceived, might be effected by a Duty (if thought nec- 
essary and proper) on the Importation of Negroes, and on the Fur 
Trade, &c. for altho that on Slaves may and doubtless will fall with j 
most Weight where the greatest Numbers are imported, yet will] 
none be charged thereby but such as voluntarily submit to it; and] 
was such Importation lessened, which might indeed be some Dis- 
advantage to a few individuals, yet probably it would be attended 
with many salutary Effects, both with Respect to Great Britain and. 
her Colonies in general. And as a principle Article of the Expence 
in America must be for protecting and securing the Fur Trade, 
what good Reasons can be adduced wherefore that Trade should 
not be so charged as to support itself ? for (as hath been already 
hinted) if it will not bear this Charge, why is it still held and 
maintained at such great Expence ? 

Having thus shewn that the English are a free Peoijle ; that their 
Freedoyn consists in these general Privileges, that No Laws can be 
made or abrogated without their Consent by Representatives, and 
for that Purpose have Right to elect their Representatives ; that the 
American Colonists are as really the King^s Subjects, as loyal, and 
have as much Right to the general and fundamental Privileges of the 
British Constitution, and to Protection in the Enjoyment thereof, as the 
Rest of their Fellow Subjects in the Mother Country; that, in Conse- 
quence hereof the Colonies and Plantations in America, according to the 
general Principles of the national Ccnsiitution, are vested with Author- 
ity of Legislation, and have Right to he represented in their Assemblies, 



REASONS, ETC. 671 

in whom that Authority is lodcjed, and with whose Consent they are to he 
governed hy the Croivn; that for the Crown to govern these Colonies and 
Plantations by and with the Consent of the People in such legislative 
Assemblies, is properly and truly to govern them agreeable to the national 
Constitution, or that'it is as conformable to the fundamental Principles 
of the British Government that the Subjects in the Colonies sJiould be rep- 
resented in Assemblies or legislative Bodies, as that the Subjects in Great 
Britain should be represented in Parliament or the supjreme Legislature 
of the Nation, and that the Government of the Subjects, ivith the Consent 
oft/ieir respective Representatives, is founded on the same general and 
essential Principles of Liberty: TJiat charging Stamp Duties, or inter- 
nal Taxes on the Colony by Authority of Parliament, will be inconsist- 
ent 'with those Authorities a?id Privileges ivhich the Colonies and the 
People in them legally enjoy, and have, with the Ap)prohation of the su- 
preme Power of the Nation, been in the Use and Possession of for a 
long Course of Years; as also the Probability that such Measures will, 
in the Event, prove prejudicial to the iiational Lnterest as well as hurtful 
to the Colonies, together with some Matters and Circumstances more di- 
rectly and peculiarly in Favour of the Colony of Connecticut, and the 
especial public and benevolent Services performed by it on many Occa- 
sions, which may justly merit some favourable Consider atio7is; and 
ansivered such Objections as might p^-obably be made against the Tenor 
of the Reasonings and Representations herein offered and laid doivn; it 
is now concluded, that on the Account of tliese and such other weighty 
Reasons as may occur, a British Parliament whose Design is to keep up 
that Constitution, support the Honour and Prerogative of the Crown, and 
maintain the Privileges of the PeopAe, will have a tender Regard for the 
Rights and Immunities of the King^s Subjects in the American Colo- 
nies, and charge no internal Taxations upon them withoiU their Consent. 







INDEX. 



Al)bee, John, 333. 

Abbott, Abiel, ensign, 253; lieutenant, 
554: Joseph, ensign, 302: Ste- 
phen, lieutenant, 141; captain, 504. 

Abrtl. Eliirtli, lieutenant, 557: Joshua 

and Sitnuiel, o3l. 

Ackley, Benjamin, 604: Simeon, en- 

.sign, 13. 

Adams, Abraham, 372: Abigail, 45: 

Andre\v,622 : DaaiHl,629 : 

Freecrrace, 371, 648: I'vgan, 116, 

169, 262, 304, 307, 396, 448, '574; dep- 
uty for N^w London, 73, 120, 188, 241, 
291. 340; justice, 6, 125, 247, 346, 457, 

5'.1: Samuel, 577; justice, 7,126, 

246, 346, 458, 551; land sold, 45: 

William, 167. 

Adpnte, Thdmas, quarter-Tha<ter, 505. 

Adkins, Benjamin, 484: Joseph, 102, 

175,211: Zealous, ensign, 460; lieu- 
tenant. 613. 

Administration, who entitled to, 264. 

Adultery, cngniz:ince <>f, 296. 

Agents in Kncrland, see Dyer, Ingersoll, 
Jackson, Jolt nson. 

Alden, Daniel, deputy for Stafford, 294, 

452,493. 540; justice, 457, 550: 

Noah. 271. 

A'dcirman, Daniel, 305, 374. 

Aldridge. Xathan, 271. 

Allen, Ebenczer, 271: Edward, 449; 

deputy for Milford, 546, 606: Jona- 
than, " 183: Joseph, 538, 671: 

Moses, grant to, 283: Noadiah,land 

sold, 50: Sanih, land sold, 183. 

Ailing, Enos, 353, 383, 430, 472, 510; 

deputy for New Haven, 241 : 

Thomas, land sold, 214. 

Allyn, Henrv, deputy for Wind^ior, 341 ; 
caprain, 610; justice, 246. 345, 456, 

550: John, ensign, 356: Joseph 

and I'ark, 426,470: losiah, lieuten- 

an^,351: Matthew,636 : Nathan, 

426, 470; land sold, 208: Robert, 

426, 470; lieutenant, 14. 

Alsop, Richard, 91, 548, 575, 619; audit- 
or, 563; deputy for Middletown, 295, 
341, 413, 453, 545, 60.i. 

Alverd, Elisha, lieutenant, 416; captain, 
610. 

Amherst, Sir Jeffrey, 17, 136, 192, 396; 
informs of contraband trade, 63; letter 
received from, 75. 

Amity, Bethany made from, 23, 84, 107. 

Andrews, Andrus, Abra,ham, ensign, 250: 

85 



Benjamin and Tabitlia, 581: 

Daniel, land sold, 27: David, land 

sold, 284, 644: John, 448; ensign, 

557: Nehemiah, 58: Stephen, 

397: 'I'imothy, grant to, 156; lieu- 
tenant, 609. 

Annibal, Joseph, ensign, 417. 

Ap|)eals in civil actions regulated, 8. 

Ajjpleton, Benjamin, 491. 

Apthnrp, Charles, 307 : Charles W., 

527. 

Armstrong, Ezekiel, land sold, 536. 

Arnold. Ebenezer, 594: .lames, army 

lieutenant, 234: Joseph, 27: — - 

Samuel, ensign, 251. 

Ashford, new society asked for, 386, 
granted (VVestford,)' 434; bounds with 
Union, 635. 

A'-hpo, Samuel, 370. 

Atwater,Damel.land sold. 443: David 

lieutenant, 13-: .Jacob, lieutenant, 

301; captain, 614: .lonathan, 145, 

366: Reuben, lieutenant, 554; 

Samuel, 443: ensign, 301; lieutenant, 614. 

Atwell, Joseph, 597: Samuel, 293. 

Atwood, .lonathan, 68. 

Auditors appointed, 563, 614. 

Auger, Abraham, 562. 

Austin, Daniel, deputy for Suffleld, 341 
lieutenant, 254 : — '— David, 228. 286 
John, 30 : Moses, land sold, 111 

Fundt^rson, land sold, 228: 

Richard, land sold, 27. 439. 

Averill, Moses, lieutenant, 196. 

Av-'ry, .A.sa,captain,4I6: Christopher, 

20;" deputy for (xroton, 3, 120, 242; jus- 
tice, 6, l'25. 247, 346, 457, 551- 

Ebenezer, deputA' for Groton, 1S9, 231, 
295; justice, 7, 125, 247, 346, 457, 551: 

Humphry, 438; justice, 6, 125, 247, 

346, 457, 551;' loan to, 584: Nathan, 

169 : Samuel, 226: Simeon, 486. 

Ayrault, Nicholas, 292. 
Ayres, Joseph, ensign, 418. 

Babcock, Amos, 334, 603; deputy for 
Ashford, 121, 190, 232, 341; justice, 7: 

Benjamin, land sold, 330: 

Henry, deputy for Stonington, 494, 541. 

Baclie, rheopliilac.t, 595, 597. 

Backus, Andrew, ensign, 507; lieutenant, 
611: Ebenezer, 526; deputy for Nor- 
wich, 1, 294; convnittet', 51," 60, 101, 
147, 152,201, 260, 315, 375, 425; jus- 
tice, 6, 125, 247, 337, 346, 457, 551. 



674 



INDEX. 



Bacon, Asa, quarter-master, 612: 

Jiimes, 592: John, 267 : Tosiah, 

485: Nathnn, land solii, 592. 

Bailger, Kdmuiul, qnarter-master, 504. 

Badlrtke, .Tohn, 478. 518. 

Baker, Samuel, deputy for Rranford, 413 : 
Timothy, land'sold, 30. 

Baldwhi, Abuer, lieutenant, 85; captain, 

609 : Andrew. 641 : Barnabas, 

100, 144:- Caleb, deputy for New- 
town, 74; captain, 240; iustice, 7, 126, 

246, 346. 458. 552: I)avi<l, 338; dep- 
uty for Jlilford, 294: Klienezer, cap- 
tain, 84: Enoch, qnarter-master, 

461: Isaac, 285. 337, 354, 419, 567, 

630; deputy for Litchfield, 1,73, 120,188, 
231,241,340,412, 452; justice. 8, 126, 

247, 347, 458, 552: John. 394: 

Jonathan, deputy for Waterbuiy, 493, 

: 540, 546, 606; lieutenant, 303; captain, 
558: Michael, lieutenant, 11: 

! Nathan, justice, 6, 125, ,246, 345, 457, 

551: ^ Hichard, 563: Sylyester, 

318: Theophilus, ensign, 10; captain, 

13: Timothy, ensign, 11; lieuten- 
ant, 252; captain, 612; land sold, 641. 

Ball, John, land sold, 328: Timothy, 

ensign, 40; lieutenant, 614. 

Ballard, Joseph, 91. 

Bancroft, Benjamin, 223, 236, 257, 292, 
375. 425, 475. 

Banister, John. 186, 199, 263, 315. 

Bankruptcy: .T. Trumbull to peifect bill, 
67; acts, 127,357, repealed, 228; assign- 
ment of poor debtor in service, 296; 
poor debtor's oath, when taken, 465. 

Banks, Joseph, 67, 

Baptists in Enfield, Stafford, etc., 271, in 
Lyme, 638. 

Barber, David. 292; captain, 303: 

Jonathan, 383: Nathaniel, lieuten- 
ant, 506: Samuel, 538: Ste- 
phen, ensign, 304; lieutenant, 505. 

Barker, Abner, deputy for Willington, 
189,231, 242, 341. 4'l3. 452, 606; jus- 
tice, 6, 125, 246, 345, 457, 650: '- Ig- 
natius, deputy for Lebanon, 2, 74; cap- 
tain, 12: James, deputy for Bran- 
ford, 493; justice. 6, 125, 246, 457, 550: 

Joseph, 563: Joshua, 222: 

Samuel, 524; justice, 6, 125, 246, 

345,457,551: Timothy, captain, 

252. 

Barkhamsted, to keep road in repair, 517. 

Barnard, Francis, lieutenant, 10: 

Joseph, 262: Peter, land sold, 205. 

Barnes, Amos, lieutenant, 610: 

James, land sold, 53: Nathaniel, 

104: Phineas, 594; ensign, 11; 

lieutenant, 460; captain, 613: 

Samuel, 37, 104, 324: Solomon, 

629: Thomas, land sold, 529: 

Timothy, 442: William, deputy 

for New Fairfield, 341. 

Barnum, Richard, 536. 

Barret, Jeremiah, 51. 

Barrows, Thomas, lieutenant, 503. 

Bartholomew, .Joseph, 60, 2(il, 152, 201, 
268; ensign, 304; lieutenant, 556. 



Bnrtlet, Famuel, 271: Seth, deputy 

for Lebanon, 546. 

Bastett, Gideon, .Toseph, Nathan, and 

Wdiiam, 260, 311: .Tohn, ensign, 

611 : Samuel, deputy for llerby, 2, 

121, 189, 232; justice, 6,'l25, 246. 

Bates, Abigail, Moses, and Samuel, 317. 

Beach, Abel, captain, 506: Abijah, 

lieutenant, 195: David, land sold, 

278: Edmund, deputy for Goshen, 

547; lieutejiant, 86; ciiptain. 505: 

John, justice, 8, 127, 247, 347, 459, 552. 

Beamond, Joseph, 172. 

Beardsley, Abraham, 528: Nehe- 

miah, 441; lieutenant, 611 : Phin- 
eas, 441 : Samuel, land sold, 213. 

Reckley, John, lieutenant, 614. 

Beck with, Abner, land sold, 54: 

George, 632: Jesse, ensign, 350: 

John, 448: Samuel, 384; land 

sold, 217. 

Beebe, Abner, 293: James, deputy for 

Canaan, 294, 413: John, deputy 

for Canaan, 241; justice, 8, 127, 247, 
347, 459, 552. 

Beecher. Caleb, 562: Eliphalet, 90, 

316, 646: John, 562; lieutenant, 

87; captain, 461: Joseph, 214; cap- 
tain, 139. 

Beers, Nathan, 562: Samuel, ensign, 

195. 

Belcher, William, ensign, 140; lieutenant, 
417; captain, 556. 

Belden, Charles, land sold, 177: John, 

177; ensign, 461: Jonathan, 59, 

182, 533, 639; deputy for Wethersfield, 

3, 74; justice, 6, 125, 246, 345: 

Joseph,' land sold, 157, 533, 639: 

Samuel, quarter-master, 559: 

Thomas. 226; captain, 12; deputy for 
Wethersfield, 121, 190, 232, 295, 341, 
413, 453. 

Bell, Jonathan, ensign, 506. 

Bellamy, Kev. Joseph, preached election 
sermon, 4. 

Benedict, Betty, land sold, 394: 

Daniel, 367; deputy for Danbury, 121; 

ensign, 505: Hezekiah, lieutenant, 

250: .John, deputy for L)anbury, 

241, 295, 340, for Ridgefield, 295; en- 
sign, 194; lieutenant, 505: Jona- 
than, ensign, 139: Nathaniel, 280, 

402; deputy for Norwalk, 74: 

Noble, army lieutenant, 234: Seth, 

114: ^ Stephen, S94: Thaddeus, 

ensign, 557: Thomas, 322; deputy 

for Danbury, 494; justice, 7, 126, 246, 
346, 458,552; probate judge, 5, 124, 
245, 344, 456, 550. 

Benliam, Ebenezer, land sold, 174: 

Knos and Anne, 333: John, ensign, 

554: Samuel, lieutenant, 15. 

Benjamin, Ebenezer, 287: Joseph 

and Nathan, 22. 

Rennet, Daniel, 431, 473, 510. 

Bently, Joseph, lieutenant, 255. 

Benton, Ebenezer, 427, 474, 604: • 

John, 289, 333, 431. 

Bethany, society made, 23, 84, 107. 



INDEX. 



675 



Betts, Elias, justice, 7, 126, 246, 346. 458, 

552: Nehemiah, 281: Silas, 

justice, 7: Stephen, cornet, 559: 

■ Timothy, land sold, 281. 

Bicknall, .lames', 604. 

Bidwell, Isaac, 520. 578; 626; ensign, 142: 
John, 110,380, 565. 

Biselow, Elislia, 333, 431: Josiah, 

333; land sold. 289. 

Bill. Bpnajah. 273; deputy for Lebanon. 

452; justice, 458, 553 : Benjamin, 

ensitjn, 416. 

Billings, Ro<rer, 286: Samuel, 271: 

Steplien, ensign, 139. 

Bills of credit issued, 134, 234; redemp- 
tion of, 65, 256; account of, 1755-64, 
339. 

Bingham, .Joseph, lieutenant, 303: 

Samuel, lieutenant, 462. 

Birch, Robert, land sold, 282. 

Birchard. Isaiah, lieutenant, 193. 

Bird, James, 166, 568; captain, 300: 

Natrianiel, land sold, 166. 

Birdsey, Nathan, 92. 

Birge, John, ensign, 416. 

Bishop, Ebenezer, ensign, 350: 

Ephraim, land sold, 537; .Joseph, 

■ 117: Lvdia, land sold, 595: 

Simnel, 93, 175, 176, 209, 211, 431, 473, 
510, 622, 524. 679, 621 ; deputy for New 
Haven, 1, 73, 120, 188, 231, 294, 340, 
412, 431, 493, 540, 546, 606; justice, 

551: Silas, ensign, 352: Yale, 

199, 382. 

Bissell, Aaron, lieutenant, 610: Dan- 
iel, 335; justice, 6, 125, 245, 345: 

Josiah, 148, 201, 290, 325, 385, 512, 
564, 650; deputy for Windsor, 3, 74, 
120, 189, 231, 241,295; justice, 6, 125, 
245, 345, 456, 550: Samuel, 537. 

Blackleach, Hudson, ensign, 195. 

Blackmail, .James, ensign, 196: John, 

395: Samuel, quarter-ma«ter, 85. 

Blake, Jonathan, land sold, 113: 

Stephen, 113, 581; land sold, 218. 

Blakely, Abraham, lieutenant, 252: 

David, ensign, 349: Joseph, 516: 

Mnses, lieutenant, 87 : Sam- 
uel, lieutenant, 138; captain, 506: 

Stephen, 103: Tilley, justice, 8, 

126, 247, 347, 459, 552. 

Blanchard, Elizabeth, 2'i8: Jedidiah, 

captain, 558: Nathaniel, ecclesi- 
astical exemption, 31. 

Blinn, Gershom, 401; quarter-master, 143. 

Bliss, Ebenezer, captain, 12. 

Blogget, Daniel, 397, 600: John, en- 
sign, 17; captain, 352. 

Blunt, Ambrose, ensign, 13; lieutenant, 
459. 

Boardman, Benjamin, 107: Ephraim, 

393: .Joseph, 287: Sherman, 

ensign, 14; lieutenant, 254; captain, 
557. 

Booth, Abel, deputy for Newtown, 189, 

231: Daniel, deputy for Newtown, 

2, 121, 295: John, 528; land sold, 

34: Joseph, 212, 432: Josiah, 

land sold, 600: Mary, land sold, 



325: Nathan, 48; lieutenant, 352; 

captain, 609: Sarah, 433. 

Bostwick, Amos, 617: Arthur, lieu- 
tenant, 250: Bushnell, 84, 225,285, 

337, 354, 419, 630; deputy for New 
Milford, 2, 73, 120, 189, 2.31, 241, 294, 
341, 412, 452. 494, 541, 447, 607; jus- 
tice, 7, 120, 247, 347, 458,552; major, 

609: Robert, lieutenant, 88: 

Samuel, deputy for New .Milford, 120; 
justice, 127, 247, 347, 459, 552. 

Bott, Wdliam, captain, 10. 

Bowen, Isaac, lieutenant, 253: Pen- 

uel, 164. 

Bracket, John, 634. 

Bradford, .lames, deputy for Plainfield, 
73.241,295,340; captiiin, 196. 

Bradley, Abraham, surveyor, 418: 

Ebenezer, land sold. 391: Jonah, 

271: Samuel, 393; justice, 458, 

552: ■ Timothy, lieutenant, 139. 

Brainerd, Daniel, 318, 382, 584; deputy 
for East Haddam, 340, 413, 493, 540, 
546, 606; justice. 6, 125. 246, 345, 456, 

550: Experience, 383: Heze- 

kiah, 488, 525; deputy (or Ha.ldam, 2, 
74, 120, 189, 231, 241, 340, 453, 546, 
606; justice, 6, 125, 246, 345, 456, 550; 
major, 249; lieutenant-colonel, 459: 
Jabez, 439, 581: Jedidiah, en- 
sign, 303: JosliUH, lieutenant, 141; 

captain, 417:' Phineas, lieutenant, 

415. 

Branford, Northford society made, 210, 
enlarged, 279; soldiers quartered in, 
542, 662. 

Breed, John, ensign, 141; lieutenant, 302. 

Brewster, Andrew, 331: Joseph, en- 
sign, 255; lieutenant, 417; captain, 507: 

— ^ Nathan, ensign, 608: Sarah, 

land sold, 331: Simon, deputy for 

Preston, 189, 231, 494, 541. 

Bridges: in Canterbury, 198, 267; Hart- 
ford, 601; between Newtown and 
Woodbury, 522; Simslury, 599; Wind- 
sor, 588. 

Brigham, Elnathan, 44: Stephen and 

Uriah, 43. 

Brinsmead, Abraham, lieutenant, 416: 
Josiah, 591; ensign, 302. 

Brocket, David, land sold, 215,274: 

Ebenezer, land sold, 324: Elish.a, 

214, 274: Jacob, ensign, 252: 

Titus, 314, 376; deputy for Wallingford, 
295, 341. 

Brockway, Edward, Eliphalet etc., 538. 

Brooks, Abraham, 439, 445, 692: 

Benjamin, lieutenant, 195; captain, 

503: Cornelius, captain, 253: 

Enos, deputy for Wallingford, 242: 

.Joseph, captain. 415. 

Brown, Amos, 287: Bryant, deputy 

for Killingly, 121, 189, 2.31, 241, 341, 

452, 494, 541, 546; justice, 552: 

Collins, 391: Daniel, lieutenant, 

195: Ichabod, ensign, 302: 

Isaiah, 171, 648: John, 318, 382; 

land sold, 161; captain, 462: Na- 
thaniel, 211, 268, 472, 477, 509, 625, dep- 



676 



INDEX. 



uty for Preston, 413; lieutenant, 142: 

NelipmiMh, lieufeiKinr, 559: 

Samnel, 391 : Thomas, eii'^ii.'n, 348; 

land .-old, 391: Wil iam, 60'.. 

Brunsoii, Aaron, 272, 321: Andrew, 

21; ensign, 303; lieutenant, 558: 

Charles, ensign. 142; lieutenant, 301: 

Ebenezer.369, 4P0: Iohn,3ii4: 

Joseph, lientpnant, 143; captain. 347: 

losiah, 186: Noah, 187: 

Peter and Roger, 186: Stephen, 

437, 483. 

Brush, Kdward, deputy for Greenwich, 

546, 607: justice, 552: Thomas, 

35; justice, 246, 552: Zaccheus, 

lieutenant, 418: captain, 611. 

Buck, John, la- d sold, 441, 532: 

Justus, justice, 551. 

Buckingham, Daniel, John, and Josiah, 
67, 264: .ledidiah, ensign, 2")3: 

Jo.spph, 264: Nathan, 481: 

WdHam, lieutenHnt. 253. 

Buell, Abel, 379; counterfeiter, 288, 354; 
di-covers mode of grinding chrystals, 

527: Benjamin, deputy for Hebron, 

121, 189, 231;' lieutenant, 85: Hiei, 

167; captain, 613: Jonathan, cap- 
tain, 504: Samuel, 563. 

Bull, Aaron and Daniel, 91: Benja- 
min, 175; ensign, 15; lieutenant, 417: 

Isaac, 41 : Jacob and Thomas, 

429: Jonathan and Joseph, 115: 

Svbil, land sold, 175 

Bulkelev", Charles, 313; deputy for Npw 

London, 1: Eliphalet, 167: 

John, land sol I, 167: Nathan, dep- 
uty for Fairfield, 412: Peter, 399; 

deputy for Colchester, 452, 493, 540, 

646, 606; justice, 457, 650: Tal- 

cott, lientei.ant, 350. 

Bunee. James, land sold, 284, 59S. 

Burdick, .Samuel H., 22. 

Burnap, lacob. 108. 

Burnham, Aaron, land sold, 282: 

Anne, 67, 264: Appleton, 571: 

Ezra, 2N2: Joseph, cornet, 303: 

Josiah, 573. 

Burns, Lieut., 396. 

Burr, Andrew, 621; in nomination, 78, 
226; chosen assistant, 3. 122; present, 
1, 73. 120, 188; committee. 111, 219, 
223; judge, county court, 4, 123 pro- 
bate court, 5, 12:3: David, 624, 

638; de])nty lor Kairfitdd, 1, 73, 120, 
188,241, 294, 340, 412, 494,_ 546, 606; 
auditor, 614; captain, 250; justice, 7, 

126, 246, 346. 458, 552: Eunice, 

Gershom, Sarah, and Thaddeus, 333: 

John, 213, 433; lieutenant, 86; 

captain, 302: Samuel, 101: 

William, 94, 577; justice, 7, 126, 246, 
346, 458, 552. 

Burrell, Charles, deputy for Canaan, 2, 
73, 121, IbO, 232,453,494, 641; justice, 
459, 552. 

Burres, Jonathan, land sold, 202. 

Burret, P-dmund, 449: Elihu and 

Mary, 212, 432: Nathan, lieuten- 
ant, 264: Peleg, captain, 195. 



Burronehs, Abner, ensign, 190. 

Burton, Daniel, land sold, 643: Jud- 

.son, 316, 623: Solomon, 96. 

Bnrwell, Kathan, captain, 559. 

Bush, Justus, 523: Moses, 320, 370: 

William, 449, 523. 

Bushnell, Josepl), 169: .Joshua, lieu- 
tenant, 250; captain, 506: Samuel, 

captain, 249. 

Butler, James, 93: .Tohn, 271: 

.lonathan, land sold, 25: Moses, 

476: Samuel, 468: Stephen, 

25: Thomas, land sold, 401. 

Bryan, Jehiel, 293: Richard, cap- 
tain, 15. 

Cable, George, 448: Jabez and John, 

94. 

Cady, Jeremiah and William, 645: 

.Jonas, ensign, 349. 

Caldwell, Charles and George, 628, 634. 

Camp, Ahiel, lieutenant, 195: Abra- 
ham, 50; lieutenant, 14: Amos, 

captain, 13:. Gideon, ensign, 351: 

Israel, ensign, 139: James, 

land sold, 404: .Job, 316: 

.John, 514: Nathan, deputj' for 

Durham, 452. 

Canaan, flivision into two societies, 56, 
682, 631; in the 14th regimtnt, 607. 

Cannda, David, 378. 

Cunfieki, Samuel, 634; deputy for New 
Milford, 341. 452, 494, 541^ 547, 607; 
ensign, 15; lieutenant, 139; captain, 
250 i justice, 459. 552. 

Cante'bury, bridge in, 198, 267. 

Carpenter, Anthony, land sold, 114: 

C tharine, 44: Samuel, ensign, 

16; lieutenant, 249. 

Carter, John, land sold, 202: Joseph, 

532; ensign, 559: Kobert, land sold, 

532. 

Gary, Eleazer, 618: William, ensign, 

460. 

Case, Charles, ensign, 10: Dudley, 

182: .John, caotain, 10; deputy for 

Simshur}', 2, 121. 295, 412, 452: 

Jonathan and Roswell,646: Joshua, 

house burnt, 52: Josiah, captain, 

349: Nttlianiel, land sold, 597. 

Castle, Abistia, house burnt, 99: Is- 
rael, captain, 84. 

CatUn, Abijah, deputy for Harwinton, 2, 
232, 294, '412, 452, 494. 607; justice, 8, 

127, 247, 347, 459, 552: Daniel, 

captain, 304; deputy for Harwinton, 75, 

121, 190, 232, 242, 341: Eli, army 

lieutenant, 235: George, deputy 

for Harwinton, 494, 541: Joel, 

deputy for Harwinton, 412, 607: 

Jonathan, deputy for Harwinton, 647. 

Caverly, .John, lieutenant, 87. 

Chalker, Alexander, army lieutenant, 234. 

Chamberlain, John, 41; quarter-master, 

463: Joseph, 271: Patience, 

221. 

CliMmpion, Henry, deputy for Colchester, 
412, 546, 6116;'^ lieutenant, 348; justice, 
550: Thomas, lieutenant, 252. 



INDEX. 



677 



Champlin, Edward, 115. 

Chandler, Abner, 671: Joshua, 366, 

604: Ml ses, ensign, 12: Sam- 
uel, justice, 7, 126, 247, 347, 458, 552. 

Chapin, Elias, lieutenant, 503. 

Chaplain, Henjamin, deputy for Mansfield, 
2, 74, 121, 189, 242, 295, 341, 414, 452. 

Chapman, Abraham and Anne, 442: 

Kiijah, deputy for Tolland, 295, 340, 

412; lieutenant, 11: James, army 

lieutenant, 234: Jedidiah, deputy 

for Saybrook. 1^1; justice, 7, 126: 

Jeremiah, 639: Phineas, captain, 

87: Samuel, deputy for Tolland, 

74, 120, 241, 452, 493, 540, 546, 606; 
captain, 11; ens'pn, 250. 

Chappel, Jedidiah, 293: Samuel, land 

fold, 485. 

Chatfinld, George, land sold, 440. 

Chatham, incovj)()rated, 633. 

Chauiicey, Eliliu, 583, 632; deputy for 
Durham, 2, 74, 121, 189, 241, 295, 341, 
494, 540, 546,606; auditor, 614: justice, 

6, 125, 246, 345, 457, 551 : Kl'nathan, 

captain, 138: Nathaniel, justice, 

6, 125, 246, 345, 456, 550. 

Cheeney, Abiel, lieutenant, 461: 

Oliver, 164: Timothy, 589. 

Cheesbrough, Amos, 269; deputy for 
Stonington, 452; justice, 7, 125, 247, 
346, 457, 551: ^ Robert, ensign, 350. 

Chelsea, society tax, 184, 203. 

Chester, John, 468, 537; in nomination, 
78, 226, 298, 415, 508, 615; chosen as- 
sistant, 3, 122, 24.3, 342; present, 1, 73, 
120, 188, 230, 294, 340, 409, 412, 451; 
deputy for Wethersfield, 493, 540. 545, 
606; auditor, 563; committee, 61, 72, 
90, 119, 134, 145, 199, 200,234, 270, 321, 
371, 372, 375, 381, 425, 467, 475, 521, 
539, 590, 616, 6i8, 635; justice, 456, 550; 
land sold, 272. 

Chew, Joseph, 375, 425. 

Chickens, Indian, land sold, 41. 

Chidsey, Dinah, land sold, 329: 

Hannah, land sold, 528: Isaac, en- 
sign, 609. 

Child, Elisha, ensign, 255; captain, 555: 

Nathaniel, justice, 7, 126, 247, 347, 

458, 552. 

Chittenden, Ebenezer, lieutetiant, 559: 

Nathan, 98: Samuel, justice, 

551 : Thomas, deputy for Salisbury, 

295, 341, 452, 494, 541, 547, 607; major, 
609. 

Christophers, Christopher, 83, 118. 

Church, Edward, 538: William, 278: 

captain, 13. 

Churchill, Charles, captain, 16. 

Civil actions: no appeal or review on 
award of auditors, 8; opening of default, 
8; bills of cost, 8, 9, 465; courts may 
grant new trial, 77; reviews abolished, 
77; disposal of poor debtor in service, 
296; release of poor debtor from gaol, 
465; levy of execution on land, 499; 
suit on note before justice, 502. See 
Bankruplcy . 

Clams, act for preservation of, 500. 



Clapp, Elijah, 604: John, deputy for 

Greenwich, 75, 190. 

Clark, Aaron, 147, 200, 649: Am- 
brose, land sold, 446, 592: Benja- 

m-n, 22; deputy for Ashford, 74, 294, 
413; captain, 138: Ebenezer, 648: 

Hezekiah, ensign, 614: Isaac, 

lieutenant, 15; captain, 417; land sold, 

217: .Tames, ensign, 348, 352; 

lieutenant, 462, 609: — Julin, 399; 

ensign, 415: .lonathan, land sold, 

444: Joseph, 628; justice, 7, 126, 

247, 346, 458, 552: Nathan, cap- 
tain, 143: Nathaniel, justice, 7, 

126, 247, 346, 457,551; lieutenant, 16; 
captain, 249: I'errj', ensign, 611: 

Koger, 399: Samuel, ensign, 

141: Sheldon and Hannah, 430, 472, 

510: Solomon, 92: Thomas, 

deputy for Milford, 341; ensign, 254; 
lieutenant, 611; justice, 6, J25, 246: 

Timf)thv, lieutenant, 140; captain, 

557: William, 430, 445, 610, 575, 

592, 618. 

Clauson, John, 260, 311. 

Cleaveland, Aai-on, 643; ensign, 86; cap- 
tain, 252: Joseph, lieutenant, 302. 

Clelaiid, Joseph, ensign, 255: Robert, 

Indian teacher, 100, 169, 485: 

Timothy, land sold, 643. 

Clinton, Levi, 643. 

Close, Joseph, 187, 333. 

Cli'Ugh, Kphraim and .lohn, 216. 

Cluckstone, Samuel, land sold, 40. 

Coats, David and Obadiah, 117: 

Robert. 164. 

Cobb. Edward, 271: Elkanah, lieu- 
tenant, 559: Mary, 314. 

Cockran, John, ensign, 606; lieutenant, 
556. 

Coe, David, captain, 254: Jona- 
than, deputy for Torrington, 74, 242, 
295, 341: Simeon, ensign, 504: 

Thomas, 286. 

Cogswell, Edvvard and Emerson, 26: 

Nathaniel, lieutenant, 144: Wil- 
liam, ensign, 503. 

Coir, Benjamin, ensign, 417; lieutenant, 
556: — Daniel, 569; justice, 7, 125, 

247, 346, 457, 551: Isaac, deputy 

for Plainfield, 121. 190, 232, 295, 340; 

justice, 126, 247, 347, 458, 552: 

Joseph, 307, 448. 574: Samuel, 

477 509; deputy for Preston, 3. 73. 241, 
452, 546, 606; justice, 7, 125, 247, 346, 
457. 551. 

Colbrett, Humphrey, 293. 

Colchester and Hebron bounds, 488, 525. 

Cole, Ebenezer, lieutenant, 13; captain, 
506: Samuel, 226. 

Colebrook, to keep mad in order, 517; 
road established in, 588. 

Coleman, Amos, land sold, 283: 

Comfort and Nathaniel, 594 : John, 

577. 

Collins, Ambrose, army chaplain, 236: 

Benjamin, land sold, 33: 

Edwanl, 165; deputy for Enfield, 2, 74, 
121, 242, 295, 341, 413, 452, 493, 640, 



678 



INDEX. 



546, 606: Jonathan, land sold, 57: 

Samuel. 485: Timothy, jus- 
tice, 7, 126, 247. 347. 458, 552. 
.Colt, Harris, en-<igii, 142. 

Comstock, Eliplmlet, dejiutv for Kent, 73, 
452, 494, 541, 547, 607 f house burnt, 
42: Lancaster, 627. 

Coiiant, .Tosiah, 636: Shubael, in 

nomination, 7S, 226, 298, 415, 508, 615; 
chosen assistant, 3, 122, 243, 342, 45.3, 
547; present, 1, 73, 120, 188, 227, 294, 
340, 409, 412, 451, 493. 540. 545, 605; 
committee, 106, 123, 221, 308, 381, 427, 
429, 471, 474, 590; justice, 7, 126, 247, 
346; judge county court, 455, 549. 

Cone, i)aniel,. justice, 6, 12-'i, 246,345, 456, 

550: .lames, 35, 181: .Jonah, 

lieutenant, 86: .Joseph, lieutenant, 

13: Stephen, deputy for Bolton, 

121, 189, 232: William, ensign, 

252. 

Congress at New York, 409. 

Connecticut River, company to improve 
navigation of, 318; ferries on, 24, 183. 

Contempt, case of .J. I'orter, 336. 

Converse, Edward, 83: .Jesse, ensign, 

249: Josiah, 55, 599; deputy for 

Stafford. 2. 

Conway, Heinry Seymour, map dedicated 
to, 447; letters sent to, 467. 

Cook, Benjamin, ensign, 556: Daniel, 

443: — — David, 288: Ephraim, 

lieutenant, 613: Hannah, 94: 

James, ensign. 459: John, deputy 

for Torrington, 2, 120, 242, 341, 41.3, 
4.52, 494, 541, 547, 607; justice, 8, 127, 

248, 347, 459, 552: Joseph \'., 

deputy for Danburv, 121, 546, 606; 

justice, 246, 346, 458! 552: Samuel, 

ensign, 351: Thadileus, 94, 287; 

captain, 143, 255: Titus, 60, 152, 

201, 2o8. 

Cooper, Abraham, land sold, 176: 

Samuel, land sold, 32. 

Copley, Matthew, 117. 

Corbet, John, lan<l sold. 177. 

Corning, Malachi and Nathan, 590. 

Cornwall, in 14th regiment, 607. 

Cornwall, Cornelius, ensign, 553: 

Ebenezer and Elisha, 33: Nathan- 
iel, ensign, 350; lieutenant, 653. 

Costs in civil cases, 8, 9, 465. 

Couch, Jolm, ensign, 506: Simon, 

ensign, 559: Thomas, ensign, 87. 

Coventry, Hartford v. 390; Windham v. 
93; meeting-house 1st socipty, 486. 

Coverly, Thomas and Abigail, 22. 

Co^vles, Benjamin, 95. 

Coy, Abraham, 239: Ephraim, grants 

to 25. 99. 

Craft, Samuel, deputy for Pomfret, 3, 189, 
232, 242, 340. 

Crane, John, deputy for Killingworth, 295. 

Creary, Isaac, lieutenant, 459: Rob- 

ert,"625; deputy for I'reston, 295, 606. 

Criminal affairs: cognizance of adultery, 
296; case of contempt, 336; issue of 
process by justices, 4 98. 

Crittenden, Thomas, captain, 195. 



Crocker, Elihu, land sold, 217: John, 

404: .loseph, ensign, 194. 

Cromeline. Robert, 569. 

Cross, Noah, 271. 

Crowell, .lohn, house burnt, 237. 

Cruttenden, Abraham, 43 : John, land 

sold, 43. 

Culver, Caleb, 60, 152, 201, 2C8; quarter- 
master, 255: Joshua, 197: 

Samuel, 60, 152, 201, 268: Titus, 

50; frauds by, 59, 101, 147, 152, 201, 
268: ■ Zebulon, lieutenant. 609. 

Cummins, .Tosiah, 161: William, 386. 

Curtiss, Abner, 620: Abraham, 648: 

David, 528; quarter-master, 194: 

Edmund and Israel, 528: 

James, 43, 112; deputy for Durham, 606: 

John, 267; deputy for Canterbury, 

121, 241; justice, 7, 126, 247, 347, 458, 

552: .losepli, 390, 590; deputy for 

Stratford. 295, 341, 413: Nathan and 

Nathaniel, 31-3, 376: Oliver, ensign, 

612: Peter, ensign, 609: Sam- 
uel, 117; ensign, 349: Thomas, 

67, 287, 439; deputy for Wethersfield, 
242. 

Cutler, William, 185; ensign, 352; cap- 
tain, 507. 

Dana. Isaac, 487: .Tames, 153, 834; 

ensign, 460: .John W., 487: 

William, ensign, 613. 

Danbury, contention in church, 322, 367. 

Daniels," David, 221: Nathaniel, cap- 
tain, 85. 

Danielson, Samuel, deputy for Killinglv, 
74, 412; justice, 7, 126", 247, 347, 458, 
552: William, captain, 352; dep- 
uty for Ivillingly, 189, 231, 607. 

Darbv, Eleazer and Jesse, 469. 

Darling, Thomas, 93, 100, 144. 210, 273, 
321, 618; justice, 6, 125, 246, 345, 457, 
551. 

Dart, Joshua, 103, 335. 

Davenport, Abraham, 19, 101, 174, 244; 
deputy for Stamford, 1, 73, 120. 189, 
231, 294, 310, 412, 452; clerk, 3, 75, 
121, 190; speaker, 242, 295, 341, 414; 
in nomination, 298, 415, 60S, 615; 
chosen assistant, 454, 547; present, 493, 
540, 545, 605; justice, 7, 126, 246, 346, 

458, 551; major, 609: Charles and 

Mary, 208: Richard, 323. 

Davis, John, ensign, 613; justice, 551: 

Samuel, 397; captain, 349; deputy 

for Stafford, 73, 120, 189, 231, 242, 341, 
606: Stephen, ensign, 14. 

Day, Aaron, 562, 616: David, 399: 

Jeremiah, deputy for Sharon, 494, 

547; ensign, 3u3: Thomas, 638. 

Deane, Silas, 479, 512, 575, 576, 618. 
Decker, John and Joseph, 108. 
Deer, act for increase of, 414. 
Deering, Henry, 527. 

Deforest, Elihu, 646: Samuel, 49. 

Delancy, Oliver, 577. 
Delano, Thomas, 91. 
Delopp, .Tames, 117. 
DeMill, Anthony, 18, 101. 



INDEX, 



679 



Dcminp-, Ebeuezer, G40: Stephen, en- 
sign, 461. 
Demman, Thankful, land sold, 112. 

Detiisoii, Amos, 22: Avery, 269: 

Daniel, captain, 415: .lesse, 187: 

Joseph. 384. 426, 470, 538; depnty 

for Stoninfrton, 2, 121, 190, 231, 242, 
340, 412, 606; justice, 7, 125, 247, 346, 
457, 551. 
Dennis, George, captain, 556. 
Derby, road to New Haven from, 508. 
Deremier, .Toseph, 32. 

Deshoti, Richard, 627; ensign, 303; lieu- 
tenant, 461. 
Devotion, Ebenezer, deputy for Windham, 

412: .Tohn, 467. 

Dewey, Daniel, 399; ensign, 557. 

Dewolf, Edward and Lewis, 118: 

Tabitha, 34. 

Dibble, Ebenezer, lieutenant, 507: 

.loel, grant to, 214. 
Dickernian, .loiiatlian, ensign, 614. 

Dickinson, .lonathan, land sold, 215: 

Nathaniel, lieutenant, 193: Samuel, 

deputy for Danbury, 189, 241, 340, 413, 
452 ; survevor, 563. 
Diggins, John, 29, 160. 
Diinock, Timothy, ensign, 141. 

Dimon, Jonathan, ensign, Oil: Moses, 

ju'^tice, 7, 126, 246, 346. 
Diodate, William, 383. 
Dixon, John, ensign, 16; lieutenant, 16, 

553; captain, 553: Robt^rt, 478, 

516, 518, 624; deputy for Vohintown, 
3, 74, 242, 452, 494, 541, 547, 607; jus- 
tice, 7, 126, 247, 347, 458, 552; quarter- 
master, 349; cornet, 612. 

Dodge, Alexander, land sold, 399: 

Moses, land sold, 583. 
Dogs, act to prevent miscliief by, .356. 
Dorr, Edward, 411; preached election 

sermon, 343: Oeirge, justice, 7, 

126, 247,346, 457,551: Matthew, 

captain, 560. 
Dorrance, Samuel, 472. 

Douglass, Asa and Benajah, 626: 

Benjatnii), 522: .John, deputv for 

Plainfield, 2,73,121,190, 232; lieuten- 
ant. 196; captain, 610, 611: Nathan, 

captain, 460: Thomas, ensign, 143: 

William, 217; ensign, 352. 

Dowd, Cornelius, 514. 
Down, John, 94, 292. 
Downing, Henry, 627. 
Drake, Josiah and Nathaniel, 271. 
Dresser, Jacob, 240; deputv for Killinglv, 
412; justice, 7, 126, 247," 347, 458, 552: 

.Jonathan, deputy for PomlVet, 3, 

242, 295, 340, 452, 494" 541 : Thomas, 

land sold, 440. 

Dudley, Cvprian, lieutenant, 250: 

George, "98: Nathan, 118: 

Selah, ensign. 11. 

Dunham, Daniel !ind Samuel, 433: 

Silas, 114: William, lieutenant, 195. 

Dunlop, James, land sold, 275, 328. 
Dunning I?enjamin, captain, 88. 
Durfey, Richard and Sarah, 23. 
Durham, Samuel, 69. 



Durkee, Abijah, land sold, 112, 275: 

Andrew, land sold, 35: JedidiaVi, 

172: John, deputv for Norw'Ich, 

452: Thomas 112,'275. 

Dutton, Joseph, 407: Samuel, land 

sold, 407: Timothy,.- eiisign, 555. 

Dwight, Samuel and Timothy, 576: 

Seth, 576; deputy for Somers, 189, 232. 
294. ' 

Dyer. Eliphalet, 339, 466; deputy for 
Windham, 1; in nomination, 78, 226, 
298, 415,508, 615; chosen assistant, 3 
122, 243, 342, 45.3, 547; present, 7:i, 
120, 294, 340, 409, 412, 493, 540, 545, 
605; agent to England, 299, 500; dele- 
gate to stamp act congress, 410, 420, 
449; judge of snpei'ior court, 455, 548: 

.lolui, 198; justice, 7, 126, 247, 346, 

458, 552: Joseph, cornet, 85; lieu- 
tenant, 349; captain, 612. 

Eastbury society enlarged, 58. 104. 

I'^astman, Samuel, 106, 166, 221: 

Timothv, 603. 

Easton, Samuel, 271; land sold, 217. 

Eaton, Aaron, land sold, 239: Calvin, 

ensign, 138: Joseph, lieutenant, 

85; captain, 349: Samuel and 

Thomas, 271. 

Ecclesiastical: new societies formed, 
Bethanv, 23, 84, 107, in Canaan, 56, 
582. 63i. Litchfield South Earms. 583, 
632, New Stratford, 48, North Fairfield, 
50, 101, in Sharon, 638, Torringford, 207, 
South Britain, 436, 483, from Volun- 
town, 287, 289, Wesifiebl, 484, Wells, iu 
Wallingford, 153, Westford, in Ashlord, 
434; winter pari^hes, Hartford Five 
Miles, l.J9, 5S9, in Farmington, 272, in 
Waterbury, 102, 175, 211, 435; two 
societies in Stonington united, 383; 
Poquannuck destitute of minister, 398, 
Lyme 2d society has no minister, 638; 
contention iu i)anbury, 322. 367 ; Bap- 
tists in Enfield etc., 271, in Lyme, 640; 
societies, penalty for illegal voting in, 
298, to choose treasurers, 298. 

P>lgerton, .John, captain, 348. 

Edson, Timothy, lieuten:uit, 17. 

Edwards, Dnn el, 389, 429, 473; in nomi- 
nation, 78, 226, 298; chosen assistant, 
3, 122, 2)3, 342; present, 1, 73, 120,188, 
227, 230, 294, 340; comiuittce, 72, 119, 
134, 151, 234, 243; judge, superior 
court, 4, 123, 244, 343, probate court, 
5, 123, 244, o44; dead. 411: Jona- 
than, Joseph, and Josiah annexed to 

Kensmgton, 587: Richard, 265: 

I iiomas, land sold, 47. 

Eells, Edward, 51, 317; preached election 
sermon, 548: Nathaniel, 317. 

Eggleston, Jeiiidiah and Thomas, 237. 

Elderkin, Jedidah, 466, 615; deputv for 
Windham, 412, 451,494, 551, 546," 607; 
justice, 7, 126, 217, 346, 458, 552. 

Election sermons: Mr. Bellamv (1762) 4, 
Mr. White (1763) 63. Mr. Welles (1764) 
244, Mr. Dorr, (1765) 343. Mr. Lee 
(1766) 454, Mr. Eells, (1767) 548. 



C80 



INDEX, 



J^liot, Aaron, deputy for Killingworth, 
^/^S, 606; justice, 7,126,247,346,457, 

65 J; colonel, 459: John, deputy 

for C-nilford, 606; lieutenant, 11; «. 

Mix. 19, 308, 381: losepli, deputy 

for Killing\v..?'th, 3: Niitlian, dej)- 

utv for Kent, 2, 73, 120; justice, 8, 126, 
247, 347, 459, 552: Zebulon, 635. 

Ellsworth. Charles, 203; cnptnin, 196. 

Elmore, Thomas, 520, 578, 626. 

Ely, Daniel, 639; land sold, 536, 641: 

Ezra, captain. 84: .lames, Mary, 

and Richard, 390: .Tonathnn, land 

sold, 158: Rebeccah, 538: 

Samuel, 584; justice, 7, 12G, 247, 346, 
457, 551. 

Embargo laid. 65. 

Emmons, Arthur, Eli, Lydia, Susanna, 

Tabitha, 293: Ebenezer, ensign, 

462. 

Enfield, baptists in, 271. 

England: money sranted by, 61, 135, 192; 
agents, Dyer, 601, Ingers'oli, 299, .lohn- 
soii, 501; letters received from Earl of 
Halifax, 230, 232; address and petitions 

on stamp act, 299, 420, 466. see 

Jacl'son. 

Eno, James, land sold, 279, 401: 

Joseph, 279, 401 ; ensign, 88 : Roger, 

armv CHptain, 234: Samuel, 118; 

justice. 6. 125, 245, 345, 465, 550. 

Eve.. Oswel, 521. '=' 

Everett, Daniel, justice, 8, 126, 247, 347, 
458,552: Jeremiah, 330. 

Everts, Daniel and Jonathan, 98: 

John, deputy for Salisbury, 2, 73, 121, 
189. 231. 

Ewing, Alexander, ensign, 505. - 

Excise, names of colli-ctors to be returned, 
296, money appropriated to schools, 463. 

Factor, John, 513. 

Fairchild, Alexander, 441; ensign, 418: 

Daniel, justice, 458, 551 ; land sold, 

591: Oliver, 42. 276: Phebe, 

691: Robert. 316, 648; deputy for 

Stratford, 242, 453, 494, 541, 546;" jus- 
tice, 7,126, 246, 346, 458, 551: 

Stephen, 429. 

FairfieUi, North Fairfield society made, 
50. l(il; militia comjianies in, 167, 330; 
may make orders as to oyster fishery, 
500. 

Fairman, Richard, 51, 101 ; deputy for 
Newtown, 2, 74, 340, 452; justice, 7, 
126, 246, 346, 4.'"i8. 552. 

Falrweather, Benjamin, lieutenant, 302. 

Fancher, William', 587. 

Fanning, James, 566: Thomas, lieu- 
tenant, 416. 

Farmington: road in, 182; winter parish 
in. 102, 175, 211, 272; militia in North- 
ington, 587; Indians at, 620; some set 
to New Cambridge, 640. 

Farnam, Eliab, 509: Nathan, 112: 

Nathaniel and Solomon, 589. 

Farnsworti, Samuel, 431. 

Farrand, Mary, 314: Nathaniel, sur- 
veyor, 17. 



Fasset, Benj.amin, 162. 

Fast-day appointed, 447. 

Fav, Jedidiah, deputv for Ashford, 242, 
341, 413, 452, 494, 541, 547. 

Fellows, Jonathan, land sold, 165. 

Felshaw, John, ensign, 86; lieutenant, 
249; captain, 505. 

Fenn, Benjamin, captain, 86. 

Ferries: Pratt's or Smith's, 24; above 
Derbv Neck granted Leavenworth, 109; 
Hall's, Norwich, 111; at lladdam, 183; 
Stratford, fare, 207; Norwalk to Hunt- 
ington, L. 1., 236; New Loudon, fare, 
608. 

Ferris, .John, ju.stice, 7, 126, 246, 346, 458. 

Field, Uriah, '530. 

Finch, Abigail, 28, 204: .Jeremiah, 

land sold, 204: Joseph, laud sold, 

28. 

Fish, .Tohn, captain, 139: .Tonathan, 

48; lieutenant, 554: Mo.ses, 289; 

captain, 14; deputv for Groton, 3, 341, 

413, 452, 494, 541, 546, 606 : Nathan, 

48: Thomas, lieutenant, 139; cap- 
tain, 553. 

Fisheries: in Housatonuck river, 248, 528, 
at Lyme, 584, 639. in Paucatuck river, 
2U7, in Windsor ferry river, 133, 465; 
power of county court as to licencing 
seines etc. abolished, 498; act for pres- 
ervation of oysters and clams, 500. 

Fitch, Ebenezer, 310; ensign, 556: 

Kleazer, 60, 101, 146, 1.52, 19i, 201, 240; 

deputy for Windham, 188, 231: 

Elisha, 645; justice, 457, 551: 

Ezra, land sold, 116: Havnes, en- 
sign, 460: Ichabod, 236, 257: 

Jabez, 267,389,469, 516, 624, 636; dep- 
utv for Canterburv, 3, 74, 190, 232, 295, 
340, 412, 453. 494; 641, 546, 607; com- 
mittee, 106, 166, 221; justice, 7, 126, 
247, 346, 458, 552; probate judge, 5, 

124, 245, 344, 456, 550: John, 478: 

Medina, 68: Samuel, 50; 

justice, 7, 126, 246, 346, 458, 552: - — 
Theophilus, justice, 7, 12>>, 246, 346, 

458, 552: Thom:is, in nomination, 

78, 226, 298, 415, 50.'-, 616; chosen gov- 
ernor, 3, 122, 243, 342; present, 1, 73, 
120, 188, 227, 230,241, 294.340,409, 412, 
451; grants to, 119, 144, 186, 2.^9, 338, 
408; reasons for taking stamp act oath, 
451; reasons against taxing colonies, 

651: Tiiomas jun., 67, 535; deputy 

for Norwalk, 121, 190, 242, 295, 341, 
413, 4.52, 494, 546; justice, 7, 126, 246, 
346, 458, 552. 

Flairg, John, 381: Samuel, land sold, 

5'7. 

Flint, Nathan, 443: Nathaniel, 478, 

518. 

Flower, Ely, ei:sign, 15. 

Fobes, Simon, lieutenant, 144. 

Foot, Abraham, army captain, 234: 

Asa, captain, 303: Daniel. 108, 

399; deputy for Colchester, 74, 120, 189, 
231,242,294,341, 452, 493, 540; justice, 

125, 246, 345, 456, 550; v. Lord, 68, 
187: Ebenezer, 112: Israel, 



i 



INDRX, 



681 



583: Nathan, 546: Nathaniel, 

justice, 6: Samuel, ensign, 16; 

lieutenant, 503. 

Forbes, Joseph, 187, 512, 576: Ruth, 

292: Samuel, deputy for Canaan, 

494, 541, 607: Solomon, land sold, 

603. 

Ford, James and John, 207 : Stephen, 

lieutenant, 560. 

Forward, Abel, 649; captain, 255: 

Joseph, ensign, 554. 

Fosdick, Thomas, 261, 311. 

Foster, David, 323, 638; deputy for Sharon, 

189, 231, 295: • John, land sold, 445: 

Jonah, captain, 193. 

Fowler, Dijah, lieutenant, 350: John, 

60, 210, 273, 321, 369, 419; deputy for 
Milford, 2, 73, 120, 189, 242, 294,-341, 
413, 452, 493, 606; justice, 6, 125, 246, 

345, 457, 5.51: Jonathan, 59, 60, 

101, 147, 201, 268: Joseph, deputy 

for East Haddam, 242; justice, 125, 245, 
345, 456, 550: Josiah, 152, 201, 268. 

Fox, David, 646: Klisha, ensign, 

480: Thomas, hind sold, 293. 

Francis, Daniel, 284: Elijah, 68: 

Elisha, 629. 

Franklin, Thomas and Hannah, 530. 

Frazier, Isaac, 490. 

Freeman, Edmund, deputy for Mansfield, 

74 : Edward, deputy for Jhiusfield, 

2: Nathaniel, justice, 550: 

Samuel, lieutenant, 250. 

French, Charles, 38; deputy for Derby, 
74, 189, 242, 295, 341, 606; justice, 6, 

125,248, 346, 457, 561: 'Gamaliel, 

368, 212, 432: John, captain, 416: 

Jonathan, 169: Stephen, 325: 

William, 483. 

Frink, Isaac, land sold, 169: — —Jonas, 
ensign, 347. 

Frisbi?. Benjamin, lieutenant, 503: 

Ebe'n?zer and Elisha, 444: Noah, 

ensi; '1, 613: Zebulon, captain, 610. 

Frost, Jonas, captain, 302: Moses, 

330: Stephen, 267; deputy for 

Canterbury, 453, 494, 641, 546, 607. 

Fuller, Abraham, ensign, 554: Amos, 

deputy for Salisbury, 241; land sold, 

178: Ephraim, captain, 194: 

Samuel, 637; land sold, 41, 221; lieu- 
tenant, 557: Stephen, justice, 7: 

Thomas, 107; ensign, 141; lieu- 
tenant, 417; land sold, 281, 407. 

Gage, Gen. Thomas, letters received from, 
230, 232, 541. 

Gale, Benjamin, 261, 288, 311, 379, 527, 
578; de'putv for Killingworth, 120, 242, 
341, 413,494,541, 646; justice, 7, 126, 
247, 346, 457, 651: 'Roger, 491. 

Gallop, Benadam, deputy for Groton, 242, 
341, 452, 494, 541, 546, 606; surveyor, 

268: Ebenezer, 186: John, 

185; lieutenant, 611: Joseph, 

lieutenant, 253 : Nathaniel, ensign, 

138; lieutenant, 415. 

Galpin, Joseph, ensign, 559: Samuel, 

captain, 13. 



Gardiner, David, 20, 151, 262, 304: 

William and Eunice, 598. 

Gates, Daniel, ensign, 10; lieutetiant, 353: 

Elizabeth, 443: Samuel, 278; 

captain, 348: Thomas, lieutenant, 

143. 

Gay, Ebenezer, 323; ensign, 140: 

Luther, deputy for Killingly, 2, 74. 

Gaylord, Benjamin, lieutenant, 14: 

Charles, 389: Nathan, deputy for 

New ililford, 73, 189, 231, 241, 294: 

Nehemiah, lieutenant, 416: Capt. 

Samuel, 115, 159. 

Geer, Robert, 45. 

General Assembly: hearing of petitions, 
63, 76; committee to hear records read, 
72, 119; what petitions may be pre- 
ferred to, 77 ; guard for, at election, 615. 

Gibbs, Benjamin, captain, 195; Zeb- 
ulon, 583, 632. 

Giddings, James, land sold, 164: 

John, land sold, 113: Thomas, 158. 

Gilbert, John, 50, 101, 103, 335; lieuten- 
ant, 804: Joseph, 29, 640: 

Nathaniel, 484; captain, 350: Sam- 
uel, deputy for Hebron, 74, 189, 241, 

294, 341, 413, 453, 493, 540, 546; justice, 

6, 456, 560: Thaddeiis, land sold, 

29 

Gille'tt, Charles, land sold, 184: Ebe- 
nezer, 388: Eliphalet, ensign, 143; 

lieutenant, 351: Jacob, 649: ■ 

Jonah, ensign, 251: Jonathan, en- 
sign, 416 : Mary, 566 : Matthew, 

deputy for New Hartford, 74, 189, 231, 

295, 3'40, 412, 494, 541, 647; justice, 8, 

127, 248, 347, 459, 552: Zaccheus, 

lieutenant, 255. 

Gills, John, ensign, 560. 

Gilman, John, 266, 380, 565; land sold, 
110: Josiah, 110, 565: Solo- 
mon, 601. 

Glastonbury, v. Hartford, 389; Eastbury 
enlarged, 104. 

Gleason, Jonah and Joseph, 156. 

Glover, Henry, deputy for ISfewtown, 189, 
231, 242, 295, 340, 412, 452, 494, 541, 
546, 606: John, captain, 86, 613. 

Goff, David, 336. 

Gold, Hezekiah, Mary, and Thomas, 116. 

Goldsmith, Ephraim, 562. 

Goodrich, Elizur, justice, 6, 125: 

Gurdon, 34: Jeremiah, 320, 370. 

Goodsell, John, 393. 

Goodwell, John, land sold, 325: 

Sarah, land sold, 22. 

Goodwin, Eleazer, deput)' for New Hart- 
ford, 242: Nathaniel, lieutenant, 

609: Ozias, 265, 266, 380: 

Thomas, ensign, 194, 610. 

Goodyear, Theophilus, 562. 

Gordon, John, 623; deputy for Volun- 
town, 3, 74, 120, 189, 231, 242, 295, 340, 
413, 452. 

Gore, Obadiah, lieutenant, 13; captain, 
459. 

Gould, Abraham, captain, 557 : John, 

527; land sold, 400: William, cap- 
tain, 187; deputy for Branford, 2, 242. 



682 



INDEX. 



Governor, to inquire as to contraband 
trade, 64, to prepare reasons against 
stamp act, 256, 299, to appoint fast, 
447, thanksgiving, 137, 467, to prepare 
address to king, 466. 

Coward, William, land sold, 106. 

Granger, Abraham, lieutenant, 254: 

John, captain. 138. 

Grant, Anne and Rachel, 617 : Donald, 

522: p:benezer, 428, 475: Ed- 
ward C, ensign, 252: Friend. 603, 

617; land sold, 586: Jehiel,' 603: 

Oliver, quarter-master, 301: 

Thomas, 568. 

Grave, John, Justice, 6,125: Silva- 

nus, lieutenant, 504. 

Gray, Samuel, 123, 151 ; deputy for Wind- 
ham, 1, 73, 120, 188, 231; justice, 7, 

126, 247, 346, 458, 552: Thomas, 

386. 

Green, Amos, 176: Joseph, 150: < 

Samuel, ensign, 254: Thomas, 

grants to, 72, 649: Timothy, ap- 
pointed printer, 193; grants to, 72, 119, 
186, 259, 338, 408, 451, 492, 649. 

Green Woods, road through, 517. 

Greenell, Daniel and William, 42. 

Greenwich, bounds between Stanwich and 
Horseneck, 37. 

Gregory, Ebenezer, 212 : Ezra, quar- 
ter-master, 14 : Samuel, justice, 7, 

126. 

Gridley, Ebenezer, 110: Hezekiah, 

justice, 6. 125, 246, 345, 456, 550. 

Griffin, .Tohn, 530; ensign, 240; lieuten- 
ant, 604: .Joseph, land sold, 545: 

Silas, land sold, 222. 

Grimes, Abigail, 182, 537. 

Griswold, Dimiel, justice, 8, 126, 247, 347, 

459, 552: 'David, land sold, 40, 

214: Edward, 262: Ezekiel, 

40, 214: Joel, 40, 214: ,Tohn, 

justice, 6, 125, 247 : Josiah, ensign, 

301: Matthew, 258, 438, 466, 502; 

in nomination, 78, 226, 298. 415, 508, 
615; chosen assistant, 3, 122, 243, 342, 
453, 547; present, 1, 73, 120, 188, 227, 
230, 294, 340, 409, 412, 451, 493, 540, 
545, 605 ; judge superior court, 414, 4r)5, 
548; major, 347; ensign, 503: Na- 
than, captain, 504: Stephen, 292. 

Gross, Freeman, land sold, 531. 

Grosvenor, ,Tohn, justice, 7, 126, 247, 347, 
458, 552 : Leicester, ensign, 553. 

Groton, Indians at, 491, 524; in Stoning- 
ton probate district, 496. 

Guernsey, Ebenezer, deputv for Durham, 
413 : Lemuel, 316. 

Guilford, some annexed to 4th society, 98. 

Gunn, Abel, 38; deputy for Derby, 2, 74, 
242, 418, 453, 493: —^ Jolm, surveyor, 
502. 

Gurley, Jonathan, deputy for Mansfield, 

121, 414; lieutenant, 13: Samuel, 

captain, 461 ; deputy for Mansfield, 494, 
541, 546, 607. 

Guthrie, Ephriam and William, 172. 

Haddam: grant of ferry to, 183; high 



wav in, 317; meeting-house Tlst soci- 
ety, 287, 4.39. 

Hait, Joseph, army captain, 75: 

Samuel, 206. 

Hale, .Jonathan, deputy for Glastonbury, 
2, 189, 231; ensign, 254; justice, 6, 125, 
246, 345, 456, 550: Timothy, 293. 

Halifax, Earl of, 447; letters received 
from, 230, 232. 

Hall, Abel, 96; ensign, 10; lieutenant, 139: 

Abraham, land sold, 34: 

Asahel, captain, 304: Benjamin, 

97, 213, 308, .366, 368, 381 ; in nomina- 
tion, 78, 226, 298, 415, 508, 615; chosen 
assistant, 3, 122, 243, 342; present, 1, 
73, 120, 188, 227, 230, 294, 340, 409, 
412, 451; deputy for Wallingford, 493, 
546, 606; judge "superior court, 4, 123, 

244, 343;' justice, 246, 346, 457, 551; 

lieutenant, 251; captain, 610: 

Daniel, Isaac, and Kufus, 118: 

David, lieutenant, 610: Flliakim, 

484; deputy for Wallingford, 242: 

Elihu, 92, '145, 220,334; deputy for 
Wallingford, 295, 341, 413; justice, 6, 

125, 246, 346, 457.551: Elnathan, 

deputy for New Fairfield, 295, 413 : 

Gilbert, 277 : Giles, surveyor, 338 : 

Heman, lieutenant, 508: 

Jabez, 430, 476: James, captain, 

503: John, 34, 153, 436, 483; cap- 
tain, 554 ; justice, 6, 126, 246, 346, 457, 

551 : Jonathan, 287 ; ferry grant to, 

111: Joseph, 369: ^ .Joshua, 

ensign. 10; captain, 251: Richard, 

213, 368, 432: Samuel, 96, 334, 

522, 578, 628; captain, 461; justice, 

125, 246: William, deputy for 

Mansfield, 242, 295, 341. 

Hallick, Edward, 522, 678, 627: 

Jesse, 449. 

Hamilton, Daniel and Solomon, 108: 

Silas, captain, 15. 

Hamlin, Barnabas, ensign, 193: 

Christopher, captain, 254: ' .Jabez, 

in nomination, 78, 226, 298, 415, 508, 
616; chosen assistant, 3, 122, 243, 342; 
present, 1, 73, 120, 188, 227, 230, 294, 
340, 409, 412, 451; deputv for Middle- 
town, 493, 540, 545, 6 6; "auditor, 563; 
commissary, 236; committee, 24, 154, 
172, 200, 209, 213, 223, 257, 306, 322, 
368, 374, 375, 425, 436, 475, 483, 618, 
638; judge, county court, 4, 123, 244, 
343, 455, 648, probate court, 5, 124, 

245, 344, 455, 549; justice, 456, 550. 
Hammond, Amariali, ensign, 15 : 

Elijah, deputy for Bolton, 606. 
Hanchet, John, lieutenant, 138: 

Zaccheus, 271; land sold, 33. 
Handy, Barzillai, 45. 
Hard," Amos, 648. 

Harman, Cephas, .James, .Joel, etc., 649. 
Harper, .lames, ensign, 417. 
Harris, Abram, land sold, 586: 

Daniel, land sold, 165: Joseph, 

567; lieutenant, 607: Thomas, 

lieutenant, 138. 
Harrison, Aaron, ensign, 347; captain. 



INDEX. 



683 



508: Amos, 60, 152, 201, 268: 

Joseph, 300. 

Hart, Benjamin, 695: Daniel, 399: 

Joseph, justice, 6, 125, 246. 345, 

457, 550: Judah, 276: Na- 
thaniel, ensign, 251 r Reuben, en- 
sign, 613: Samuel, captain, 558: 

Selah, 585; ensign, 88; lieutenant, 

142; captain, 301; justice, 502, 550: 

Thomas, 273, 321. 

Hartford, south society v. Buckingham, 
67, Benton, v., 427, 474; Five-Mile 
made winter parish, 159, asks to be a 
society, 589; Glastonbury, v., 389; v. 
Coventry, 389; blowing up of school- 
house, 467; Hoccanum bridge, 601. 

Hartland, ecclesiastical tax, 68; election 
in, 158. 

Hartshorn, Ebenezer, deputv for Norwich, 
73; justice, 7, 125, 247, 346, 457, 551. 

Hart well, Joseph, ensign, 254; lieuten- 
ant, 557. 

Harvey, Joseph, lieutenant, 142: 

Thomas and Martha, 393. 

Hastings, Joseph, cornet, 143. 

Hatch, Jethro, captain, 304 : Timo- 

thv, justice, 8. 

Hathaway, Simeon, deputv for Suffield, 
341. 

Haven, William, 635. 
■Hawkins, Abraham, P>li, and Moses, 511: 

John, 226: Robert, ensign, 

554. 

Hawley, Aaron, 213, 432: Enos, 

ensign, 505 : Ezra, 40 : Henry, 

captain, 351: Jehiel, 630; lieuten- 
ant, 15 ; captain, 139 : .lonathan, 

446: Milton, 49: Nathan, 

ensign, 196: Robert, ensign, 416: 

Samuel, 112: Thomas, cap- 
tain, 140. 

Hayden, Nathaniel, ensign, 558: 

Uriah, ensign, 303. 

Hayes, Ezekiel, 663; quarter-master, 

11; cornet, 87: Joel, 306: 

Zadock, land sold, 218. 

Hazard, Nathaniel, 617, 623: Sam- 
uel, 616. 

Hazelton, Charles, lieutenant, 614: 

James, 581. 

Heath, Ebenezer, 604: Isaac, 271. 

Hebron and Colchester bounds, 488, 525. 

Hemingway, Samuel, justice, 125, 246, 
345, 457, 551. 

Hempstead, John, 597 ; ensign, 507 : 

.Joshua, 261, 304,604; v. Fish, 48: 

Nathaniel, ensign, 138: Stephen, 

116. 

Hendey, Caleb, lieutenant, 613. 

Henshaw, Benjamin, 224, 398. 

Herpin, John, 281, 577. 

Hewitt, Israel, 276 ; captain, 565 : Na- 
thaniel, 161: Reuben, 625. 

Hibbard, Isaac, land sold, 228: Seth, 

land sold, 178: Zebulon, lieutenant, 

349; captain. 462. 

Hickcox, Abraham, ensign, -504: 

Samuel, 21, 333 : ensign, 193 ; lieuteuaut, 
460 ; deputy for Waterbury, 606 ; land 



sold, 591, 642 : Silas, lieutenant, 194 : 

William, ensign, 143; lieutenant, 

347. 

Hide, Benjamin, 428: Daniel, ensign, 

85; lieutenant, 461 : David, 323: 

Ephraim, ensign, 352: Jedl- 

diah, land sold, 106: Matthew, sur- 
veyor, 258: Richard, 106, 477, 509: 

Walter, ensign, 141; lieutenant, 

347; captain, 462. 

Hierlehy, Capt. Timothy, 220, 223. 

Higby, Edward, 484: — — Isaac and Jo- 
seph, 644. 

Highways: in Colebrook, 588, in Farm- 
ington, 182, in Haddam, 317, in Mohe- 
gan, 36, in New Hartford, 184, New Ha- 
ven to Windham, 615, New Haven to 
Woodburv, 83, 368, 419, 480, 608, Sims- 
burv to K'orfolk, 82, 517, Torrington to 
Norfolk, 69, Wethersfield to Middletown, 
182; mile stones to be erected on, 608. 

Higley, Joseph, ensign, 87. 

Hill, "Hills, Abraham, land sold, 45, 53: 
Benjamin, 104: Daniel, lieu- 
tenant, 459 : Ebenezer, lieutenant, 

504: James, 592 : .John, 91, 96, 

148, 196; land sold, 238: Jonathan, 

148,197,468; justice, 6, 125, 245, 345, 
456, 550: Joseph, 271: Na- 
thaniel, 288, 379, 515; deputv for Guil- 
ford, 3, 120, 190, 232, 242, 295, 341, 412, 
453, 493, 540, 546, 006; justice, 6, 125, 
246, 345, 457, 551; probate judge, 411, 

455,524, 548: Thom.as, 213, 433; 

justice, 246, 346, 458, 552 ; land sold, 535 : 
Timothy, captain, 87. 

Hillhouse, William, 686, 637; deputy for 
New London, 188, 231, 241, 294,' 340, 
412, 451, 494, 540, 546, 606; justice, 7, 
125, 247, 346, 457, 551. 

Hillyer, James, captain, 138. 

Hinkley, Jonathan, land sold, 35, 181, 278. 

Hinmaii, Benjamin, 171, 209, 482, 508; 
deputy for Woodburj', 2, 607 ; justice, 
8, 126, 247, 347, 459, 552; lieiitenant- 

colonel, 609: Tnnothy, 481: 

Truman, ensign, 251: Wait, 436, 

482. 

Hinsdell, Barnabas, survevor, 338: 

Jacob, 47, 211. 

Hitchcock, Amos. 326, 328, 329, 663; 

army captain, 234: L)an, ensign, 

613: John, 630; deputy for Ivent, 

190, 232; captain, 196; justice. 8; land 

sold, 326: Jonathan, 186: 

Samuel, ensign, 196. 

Hoadlv, Jacob, 663: Timothv, 60, 

152,"201, 268: William, deputy for 

Branford, 341, 452, 546; justice, 6, 125, 
246, 345, 457, 551. 

Hobby, Ebenezer, 449: Thomas, dep- 
uty for Greenwich, 295, 341. 

Hogoboom, Aarontry, and Heartry, land 

sold, 402: Bartholomew, land sold, 

400. 

Holbrook, Daniel, deputy for Derby, 453, 
493, 606; justice, 6, 125, 246,345, 457, 

551: John, captain, 612; deputy 

for Derby, 546. 



6S4 



INDEX, 



Holconib, Consider, land sold, 587: — 

David, 631 : Hezekiah, 537 : — 

Joshua, 222 : Jiulali, justice, 6, 125, 

246, 345, 456, 550: Peter, lieuten- 
ant, 138. 

Holden, John, 114. 

Holland, Joseph, ensign, 301; land sold, 
170. 

Hollister, Anio>, 109: Elisha, deputy 

for Glastonbury, 241 : Eiihraim, 

ensign, 302: — — Gideon, ensign, 14: 
Josiah, lieutenant, 196: Tim- 
othy, 53, 68, 118. 

Holly^ Israel, 36 : John, 175. 

Holiiian, Samuel, 577. 

Holmes, Christopher, 278; deputy for 

East Haddam, 189, 231: Isaac, 271; 

ensign, 614: Moses, deputy for 

Willington, 189, 231, 242, 341, 493, 540, 
546. 

Holt, Daniel, lieutenant, 85 : Isaac, 

captain, 142: Joseph, 226: 

Samuel, lieutenant, 88: William, 

lieutenant, 253; captain, 554. 

Hooker, Daniel, land sold, 157: — — 

James, captain, 461 : John, justice, 

6, 125, 246, 345, 456: Joseph, jus- 
tice, 6, 125, 246. 

Hopkins, Asa, 567, 617, 629: Consid- 
er, captain, 612: Harris and Abi- 
gail, 567,617: Joseph, 174, 419, 

480, 490; deputy for Waterburv, 242, 
295, 340, 413; justice, 6, 125, 246,346, 

457,551: "Stephen, 68, 118, 326, 

435,529: Thomas, land sold, 326, 

529. 

Hopson, John, deputy for Colchester, 74, 
120, 189,231. 

Horsford, Obadiah, lieutenant, 304; cap- 
tain, 505 ; deputy for Hebron, 606. 

Horsington, James, 393. 

Hosmer, Dorothy, land sold, 107: 

George, 220: • Joseph, 149: 

Robert, John and Zechariah, 107 : 

Stephen, 107; land sold, 220: 

Thom;is, 149, 309; justice, 6, 124, 245, 
345,456, 550: Titus, 220. 

Hotchkins, Abraham, 98: Caleb, 150. 

Hotchkiss, Henry, ensign, 144; lieutenant, 

253; captain, 612: Joel, 23, 84, 107, 

538;captaui, 140: John, 90: 

Lodowick, ensign, 558. 

Hough, Ruth, 187. 

Houghton, James, lieutenant, 301. 

Housatonic rivery, fishery in, 248; lottery, 
285, 337, 354, 419, 630.' 

House, Nathaniel, captain, 507. 

Hovey, Luke, 536. 

How, James, ensign, 553. 

Howell, Thomas, 93, 430, 472, 510, 616. 

Hoyt, Ezra, 281; lieutenant, 558: 

John, land sold, 536: Jonathan, 19, 

100, 618; deputy for Stamford, 1,73, 
120, 189, 231, 24'l, 294, 340, 412, 494, 
546; justice, 7, 126, 246 346, 458, 552; 
probate judge, 5, 124,245, 344, 456, 649: 

Joseph, army captain, 234: 

Samuel, captain, 352. 

Hubbard, David, 96,148, 197: Elizur, 



Hezekiah and Prudence, 96: .John, 

516; deputy for New Haven, 241; jus- 
tice, 6, 125,' 246, 346, 457, 551 ; probate 

judge, 5, 123, 244, 344, 455, 549: 

John E. and Jemima, 30: Levy, 

117: Richard, lieutenant, 13; cap- 
tain, 194: Samuel, 60, 152, 202, 

268: Solomon, land sold, 30: 

Watts, ensign, 13; lieutenant, 94. 

Ilubbell, Eieazer, 437; deputy for New 

Eairfield, 242, 295, 413, 452: Eph- 

raim, 215, 437; deputy for Kent, 241, 
292, 341, 412, for New Fairfield, 242, 
452; .justice, 7, 126, 246, 346, 458, 652: 

Gershom, ensign, 416; lieutenant, 

610: Hezekiah, ensign, 504; 

Jedidiah, lieutenant, 507: Matthew, 

591, 692: Nathan, captain, 86: 

Peter, ensign; 88, lieutenant, 194: 

Capt. Samuel, grant to estate, HI, 179, 

218: William G., ensign, 144: 

lieutenant, 304. 

Hudson, John, Hannah, Mary and Rachel, 
538. 

Hull, Andrew, 94: Ezekiel, 168: 

Jeremiah, 333: Joseph, 33, 419, 480, 

538; deputy for Derby, 121, 295, 341, 

413: Samuel, deputy for Walling- 

ford, 2. 74, 121, 189, 231, 413, 453. 

Humiston, Caleb, justice, 6, 125, 246. 345, 

457, 551: John, set to Northbury, 

55, 587. 

HuniphreviUe, Benjamin, land sold, 327. 

Humphrey, Daniel and Sarah, 224: 

Elihu, 179: Hezekiah, 148, 201, 284 

598, 626, 650; deputy for Simsbury, 2, 
74, 121, 190, 232, 242, 341, 412, '545, 
606; justice, 6, 125, 246, 346, 456, 550; 

lieutenant, 16; captain, 503: John, 

land sold, 179: Jonathan, captain, 

16 : Martin, 628: Michael, 517 ; 

justice, 8, 127,248,347,459,552: 

Nathaniel, 179; army lieutenant, 234, 
628: Oliver, 82; deputy for Sims- 
bury, 493, 545: Samuel, 517: 

Thomas, land sold, 445. 

Hun, Ruth, land sold, 534. 

Hunt, Joseph, ensign, 461 : Lewis, 

634. 

Huntington, Benjamin, justice, 467, 551 ; 

surveyor, 338: Hezekiah, 211, 268, 

399, '427, 429, 466, 471, 474, 491, 524, 
635,638; nominated, 78,226,298,415, 
508. 615; chosen assistant, 3, 122,243, 
342; 453, 547; present, 1,73, 120,188, 
227, 230, 294, 340, 409, 412, 451, 493, 540, 
545, 605; captain, 303; commissary, 
236; judge, county court, 4, 123, 244, 
343, 455, 549, probate, 5, 124, 245, 344, 

455, 549: Isaac,276; justice, 6, 125: 

labez, 260, 308, 353, 491, 524, 635; 

deputy for Norwich, 1, 73, 120, 189,231; 
speaker, 3, 75, 121, 190; nominated, 78, 
226, 298, 415, 508,615; chosen assistant, 
24S, 342, 454, 547; present, 294, 340, 
409, 412, 451, 493, 540, 545, 605; justice, 
6, 125; captain, 253; lieutenant-colonel, 

347 : Jonathan, justice, 7, 126, 247, 

346,458,552: Joseph, 478: 



INDEX. 



686 



Nathaniel, justice, 7, 126, 247, 346, 458, 
552: Samuel, deputy for Canter- 
bury, 412, for Norwich, 340; justice, 7, 
126" 247, 340, 347, 457, 458, 561, 652: 
William, ensign, 462. 

Hurd, David, lieutenant, 506: Na- 
than, quarter-master, 506: Timo- 
thy, ensign, 193. 

Huriburt, Elisha, ensign, 350: Gide- 
on, ensign, 353; lieutenant, 557: 

Josiah, ensign, 612: Nathan, 430, 

476: Peter, 441, 532: Samuel, 

lieutenant, 140: Timothy, deputy 

for Canaan, 341, 547: Titus, in 

charge of New London battery, 23, 186, 
468, 563, 646. 

Husted, Jonathan, lieutenant, 10; captain, 
194. 

Hutchins, Nathan, lieutenant, 416: 

Silas, deputy for Kiliingly, 295, 494, 541. 

Hutchinson, John, justice, *8, 127,247, 347, 
459, 552: Timothy, land sold, 593. 

Huxly, John, land sold, 397, 600. 

Inches, Henderson, 371, 648. 

Indians: at Farmington, 626, at Groton, 
491, 524. land sold at Kent, 41, at Mid- 
dletown, 320, 370, Wohegan school, 100, 
169, 485, committen on, 353, at Nehan- 
tic, 115, at New Haven. 524, 579, in 
Stratford, 212, 367, 4Si, at Stonington, 
276, 526; Chicken's land sold, 215; Mr. 
Kirtland labors with, 468; K. Whee- 
lock's school, 151, 193, 490; Mason's 
appeal, 501; Metuxon's sales, 59, GO, 
147, 152, 201, 268, 310, 470. 

Ingalls, Zebadiah, ensign, 14. 

Ingersoll, David, 95, 146: Tared, 150, 

220, 255, 267, 425; committee on state 
liouse, 24, on stamp act, 256; nominated, 
78; goes to England, 299; justice, 346, 
551; burned in efligy, 411. 

Ingham, Daniel, lieutenant, 11; captain, 
418 : Joseph, land sold, 38. 

Inhabitants : })enalty for entertaining 
strangers, 414. 

Insolvent debtors, act for relief of, 127, 
repealed, 228, new act, 357; release of 
poor debtor from jail, 133; assignment 
of poor debtor in service, 296; poor 
debtor's oath, v.han taken, 465. 

Insolvent estates : limitation for prosecut- 
ing claims against, 133. 

Isaacs, Benjamin, lieutenant, 417; cap- 
tain, 558: Mary, 69: Ralph, 

69, 643. 

Isham, Joseph, 582. 

Ives, Dan, 562. 

Jackson, Ephraim,31: Mary, 94: 

Richard, 300, 353, 467; to settle with 
Partridge's estate, 78, to receive money 
in England, 135, 192, to oppose revival 
of sugar act, 240; his salary, 255; let- 
ters to and from, 3, 256, 420,"'502, 544. 

Jacobs, Benjamin, Joseph, Samuel, and 
Solomon, 563, 622: John, 4SG. 

Jagar, Jeremiah, army quarter-master, 
234. 



Jails, discharge of poor prisoner from, 465. 
Jameson, Robert, deputy for Voluntown, 

120, 189, 231, 295. 

Jarvis, Samuel, 178. . 

Jeftens, David, 386. 

Jennings, Daniel, 168: John, land 

sold, 98. 
Jerome, Zerubbabel, ensign, 14. 
Jesup, Ebenezer, army surgi'on, 236. 
Jewitt, Caleb, 323; deputy for Sharon, 73, 

121, 242, 341, 413, 453:" David, 169. 

Johns, Stephen, lieutenant, 12. 

Johnson, Amos, deputy for Cornw-all, 189, 

231 : Caleb, 07 : Ebenezer. 511 : 

Elihu, 152, 202, 268: Elisha, 

60 : Gideon, 041 : Tchabod, land 

sold, 641 : lacob, 525: John, 

lienteniint, 86; land sold, 390, 590: 

Maverick, land sold, 39: Nathan, 

deputy for Stafford, 413, 540, 546; lieu- 
tenant, 849: Nathaniel, lieutenant, 

612: Obadiah, 267; <leputv for 

Canterbury, 3, 74, 121, 190,232,241; 

ensign, 559; land sold, 601: Peter, 

224: Samuel, ensign, 142: 

Stephen, annexed to Preston, 99: 

William, 604; land sold, 329: 

William S., 267, 466; deputy for Strat- 
ford, 341, 413; nominated, 4i5, 508, 615; 
chosen assistant, 454, 647; present, 493; 
justice, 346; delegate to stamp act con- 
gress, 410, 420, 450; agent in England, 
501. 

Jones, David, 522, 578 : Ebenezer. en- 
sign, 140, 507; lieutenant, 416; land 

sold, 446; Joel, captain, 86: 

Samuel, 275, 328: Timothy, 383. 

Jorden, John, land sold, 533: -^^ — Ste- 
phen, 471. 

Judah, Michael, 225. 

.ludd, John, ensign, 88; lieutenant, 558: 
Nathaniel, 393: Phineas, cap- 
tain, 88: Thomas, 289: Timo- 
thy, 21, 48; deputy for Waferburv, 2, 
74" 121, 242, 340; justice, 246, 345,"457, 
551. 

Judea, some set to from Litchfield, 277. 

.ludges and juries, fees of, 9, 77. 

.lud-on, Agur, lieutenant, 506: Dan- 
iel, ensign, 16: James, 528. 

June, Simeon, land sold, 446: Thom- 
as, 28, 205. 

Justices: issue of process by, 498; ju- 
risdiction in suit on note, 562. 

Keeler, Timothj', dejmty for Kidgefield, 
121, 241, 841. 

Keeney, Ebenezer, 316, 538, 623: 

Jeremiah, justice, 7, 126, 247, 347, 458, 
552. 

Keigwin, Richard, lieutenant, 142. 

Kellogg, Abraliam, 69: Daniel, 309: 

Isaac, 184; deputy for New Hart- 
ford, 2, 74, 121, 189, 2-31, 242, 295, 452, 
607; justice, 8, 127, 247, 347, 459, 552: 
Judah, surveyor, 338: Mar- 
tin, ensign, 16; lieutenant, 16. 

Kelsey, Abnei-, 439: Dan, 168: 

William, ensign, 252. 



686 



INDEX, 



Kendal, Joshua, land sold, 443: Si- 
mon, ensign, 255. 

Kensington, meeting-house, 273, 321, 585; 
some set to Southington from, 393; 
some annexed to, 587; asks to be di- 
vided, 589. 

Kent: Indian land at, 41; some set from 
E. Greenwich to New Preston, 172. 

Kent, Elias, Joanna and Moses, 290, 324, 

385: Samuel, 27, 385, 439; deputy 

for SnfBeld, 2, 74, 120, 189, 231, 24i, 
294, 413, 453; justice, 6, 125, 246, 345, 
456, 550. 

ICesson, Samuel, captain, 16. 

Keyes, Stephen, captain, 553. 

Kibbee, Anron, Eldad and Israel, 271. 

Kilborn, George, ensign, 12: Marv, 

land sold, 395: Russell, 29, 160, 

395 : Thomas, land sold, 29, 160. 

Kilby, Christopher, 562. 

Killam, Hepzibah, Jeptha, John, etc., 477, 
508. 

Killingly, separates in, 31. 

Kimberly. John, 293, 403; deputy for 
Glastonbury, 74, 121, 295, 341, 493, 540, 
546; justice, 6, 125, 246, 345, 456, 550: 
Samuel, 148, 196; land sold, 403. 

King, Alexander, justice, 550: Ben- 
jamin and Joel, 271: Eldad, 437, 

483 : John, 169 : Jonas and Seth, 

259: AVilliam, deputy for Suffield, 

2, 120, 189, 231, 294, 413, 453, 493, 540, 
546, 606. 

King's Attorneys, powers of, 258. 

Kingsbury, Ebenezer, deputj' for Coven- 
try, 241,494, 541: Jonathan, 400; 

captain, 252. 

Kiugsley, Salmon, 479, 519. 

Kinne, James, ensign, 459: John, 

deputy for Preston, 121: Moses, 

deputy for Yoluntown, 340, 413. 

Kinsman, Jeremiah, lieutenant, 350. 

Kirby, Abraham, 277: John, 283: 

— — Joseph, 277; captain, 251. 

Kirtland, Ezra, 212, 432: Reynold, 

land sold, 600: Samuel, grant to, 

468. 

Knapp. Aaron, land sold, 639: Da- 
vid, justice, 458, 552: lohn, 205, 

200; land sold, 324: Moses, 206: 

Nehemiah, 529. 

Knight, David, ensign, 462: John, 56, 

83. 

Knowles. Seth, 638. 

Knox, William, 270. 

Lacey, Daniel, land sold, 280. 

Lamb, Thomas, 622. 

l.ancelott, Samuel, 69, 118, 224. 

Landers, David, lieutenant, 555 : Jo- 
seph, 323. 

Landon, Daniel, captain, 141: James, 

568; deputy for Salisbury, 121, 189, 
231, 241, 413; justice, 8, 127, 247, 347, 
459, 552: John, 224. 

Lands: records of, to date when, 96; in- 
heritance of, 266 ; levy of execution on, 
499. 

Lane, Robert, grants to, 55, 160. 



Lanphere, Isaac, 108. 

Lasell, Joshua, 46. 

Latham, .Jonathan, captain, 253. 

Lattimer, Samuel, land sold, 238, 544. 

Laughton, Henry, 386. 

Law, Ricliard, deputy for New London, 
412, 494, 540, 546, 606; justice, 415, 
457, 551. 

Lawrence, Daniel, 56, 82: Isaac, 165 ; 

deputy for Canaan, 413: jolin, 

auditor, 563, 614; committee, 154, 436, 
483, 629, 635: loseph, 163. 

Lay, John, 428; deputy for Lyme, 2, 74, 
121, 189, 231, 241, 294, 453, 606; jus- 
tice, 7, 126, 247, 346, 457, 551. 

Leach, E])hraim, lieutenant, 352: 

Manasseh, lieutenant, 143. 

Learned, Abi.jah, captain, 555: Eben- 
ezer, dep-uty for Killingly, 2, 121, 341 ; 

lieutenant, 140: Simeon, deputy 

for Killitigly, 007: Simon, deputy 

for Killingly, 295. 

Leavenworth, Edmund, ferry grant to, 
109: Jesse, lieutenant, 504. 

Leavinze. Benjamin, deputy for Killingly, 
241, 452, 546. 

Leavit, John, lieutenant, 14: Joan- 
na, land sold, 591: Mary, land sold, 

327. 

Lebanon, Indian charity school at, 151, 
193. 

Ledyard, John, 223, 318; auditor, 563, 
614; deputy for Hartford, 451, 493, 540, 
545; committee, 59, 91, 151, 432, 466, 
479, 566, 616, 635; justice, 6, 125, 245, 
345, 456, 550. 

Lee, Abner, captain, 348: Benjamin, 

justice, 7, 126, 247, 346, 457, 551: 

])aniel, justice, 8, 126, 247, 347, 459, 

552: Elias, 271, 329: Isaac, 

287, 439; deputy for P'armington, 2, 
241, 606; lieutenant, 88; captain, 557; 

justice, 550: Jared, justice, 6, 125, 

246, 345, 456, 550: John B., 428: 

Jonatlian, preached election ser- 
mon, 454: Stephen, 117,186; land 

sold, 428: William, deput}' for 

Ridgefield, 453, 494, 541, 546. 

Leffingwell, John, 111. 

Lester, Timothy, deputy for Preston, 189, 

231 ; ensign, 144. 
Lewis, Barnabas and Susanna, 449, 648: 

Beach, 49, 642: David, 316: 

Ebenezer, Sevigiiion, and Thomas, 

annexed to New Stratford, 642: 

Edward, 98: Eli and Nathan, 528: 

George and James, 528, 534: 

Ichabod, captain, 85 ; deputv for Strat- 
ford, 1, 73, 121, 190, 295, 453, 494, 541, 
546; justice, 7, 126, 246, 346,458,551: 

John, 534; deputy for Waterbury, 

2, 74: Joseph, land sold, 21,581: 

Lothrop, 101 ; deputy for Fair- 
field, 451, 606; justice, 246, 346, 458, 
552: Nathaniel, 49: Nehe- 
miah, deputy for Goshen, 607: 

Phineas, lieutenant, 461: Samuel, 

deputy for Waterbury, 493, 540: 

William, 152, 201, 268. 



INDEX, 



687 



Limitation for presenting claims against 

estates, 133. 
Lindsev, John, 271: Josepli, GO, 152, 

201, 268. 
Lines, John, lieutenant, 140; captain, 

614. 
Listers, dutv of, 191. 
Lists of estates, 61, 81, 187, 226, 291, 334, 

387, 447, 488, 521, 603, 647. 
Litchfield: some set to Northbury from, 

55, some to Judea, 277 ; South Farms 

society, 583, 632. 

Livingston, Philip, 263: Robert, 626. 

Lockwood, James, ensign, 10, 303: 

Joseph, ensign, 303: Peter, deputv 

for Norwalk, 74, 121, 190,232, 242, 295: 

Ttieophilus, 404. 

Londree, Paul, house burnt, 282. 
Longbottom, David and James, 169. 
Loomis, Israel, lieutenant, 12; captain, 

351 ; deputy for New Hartford, 494, 541, 

547: Mary, 279: Nathaniel, 

148, 201, 392,428.475,650; ensign, 252: 

Odiah, 392: Keuben, cap- 
tain, 251: Thomas, 273; captain, 

12: ■ Timothy, ensign, 139. 

Lord, Benjamin, 383: Christopher, 

ensign, 556: Elias, land sold, 203: 

Elisha, 448: Enoch, ensign, 

84: lieutenant, 416: Epaphras, 

justice, 6, 125, 246, 345, 456, 550: 

Hezekiali, 203 ; captain, 417 : Icha- 

bod's heirs, 68,187: Joseph, 596; 

lieutenant, 249: Lynde, ensign, 85: 

Richard, 260; justice, 6, 125, 247, 

346, 457, 551. 

Lothrop, Benjamin, 98: Daniel. 90, 

145, 199, 211, 223, 236, 240, 257, 268, 
270, 315,574; deputy for Norwich, 189, 
231, 241, 294, 340: Elisha, cap- 
tain, 350: Joseph, lieutenant, 11; 

captain, 503: Nathaniel, laridsoUl, 

98. 

Lotteries: Housatonic R., 285, 337, 354, 
419, 630; Stewart's, 30;. 

Londen, John, 449. 

Lounsburv, Monmouth, land sold, 28, 
204, 206. 

Lovet, William, Sarah and Grace, 312. 

Lucas, Thomas, 405: William, 60. 

Lumm, .Joseph, lieutenant, 11; captain, 
252. 

Lvman, Aaron, justice, 457, 551: 

"Daniel, 104, 175, 209, 211, 562, 621; 
deputv for New Haven, 1, 73, 120, 18S, 
231, 493. 540, 546, 606; justice, 6, 125, 
246, 345, 457, 551: '- Elihu, 104: 

Jonathan, 273: Medad, 562: 

Moses, 95; 146, 622; deputv for 

Goshen, 2, 120, 190, 232, 242, 295,' 341, 
413, 453, 494, 547; committee, 23, 84, 
214, 437, 483; justice, 8, 127, 247, 347, 
459, 552: Phineas, 66; in nomina- 
tion, 78, 226, 298; justice, 6, 124, 245, 
345, 456: Samuel, land sold, 39: 

Sarah and Sibel, 589. 

Lyme: Indian land in, 115; school money, 
566; fishery at, 584, 639: Baptists in, 
640; 2d society without minister, 638. 



Lyon, Benjamin, lieutenant, 555: 

Daniel, lieutenant, 9: Elizabeth, 

570: Henry, ensign, 9; lieutenant, 

351; captain, 459: John, ensign, 

302: Nehemiah, deputv for Wood- 
stock, 2, 74, 121, 189, 242, 295, 340, 
412, 452, 494, 541, 547, 607: Ste- 
phen, ensign, 555. 

Mack, John, 54: .losiah, ensign, 16; 

lieutenant, 418. 

Mackall, .John, 35, 181; captain, 86: 

Seth, 182: Thaddeus, 67. 

McComber, Jeremiah, 32. 

McKey, Andrew, 159: Daniel, 187. 

McNeil, Alexander, 568. 

Malbone, Godfrey, 199, 263, 315. 

Mallery, Abner, lieutenant, 142; captain, 
300. 

Mallet, .John, 647: Peter, 266, 332, 

380, 566, 647, 648. 

Maltby, Benjamin and Daniel, 60, 152, 
201,268: Jonathan, 19, 100; jus- 
tice, 7, 126, 246, 346, 458, 552: 

William, land sold, 173. 

Manning, Ephriam, ensign, 253: 

Hezekiah, deputy for Windham, 294, 
340, 494, 541, 546, 607; justice, 552: 
Samuel, deputy for Windham, 120: 

William and JJarv, 171. 

Mansfield, Samuel, 220, 648: Thomas, 

562. 

Manwaring, Asa and Richard, 170. 

Map of the colony prepared, 408, 418; 
dedication of, 447. 

Marbil, John, land sold, 167. 

Marcy, Stephen, lieutenai't, 12. 

Maritime affairs: embargo laid, 65; im- 
provement of Coim. R., 318. 

Markham, Daniel, 271: Israel, land 

sold, 165. 

Marsh, Cyrus, 46, 285, 630; deputy for 
Kent, 2, 120, 190, 232, 241, 295, 341, 
412, 494, 541 ; justice, 248, 347, 459, 

552 : D.aniel, 88, 270 : Ebene- 

zer, deputy for Litchfield. 1, 73, 120, 
188, 231, 241, 294, 340, 412, 452, 494, 
541, 607; justice, 7, 126,247,347, 458, 
552; probate judge, 5, 124, 245, 344, 

456,550: Hezekiah, captain, 350: 

Isaac and Solomon, 568: .fohn, 

deputy for Litchfield, 494,541, 547,607: 

Jonas, 165: .Tonathan, 307, 

574: Joseph, captain, 140. 

Marshall, Amasa and Noah, 286: 

David and James, 564 : Jehu, 570 : 

John, 334, 523, 564, 570: 

Micajah, 334, 570 Thomas and 

Elizabeth, 520, 621: Zaccheus,565. 

Martin, Andrew, ensign, 300; lieutenant, 

505: Solomon, 591; ensign, 142; 

lieutenant, 300. 

Marvin, Dan, 566; ensign, 611: 

Elisha, deputy for Lyme, 494, 541: 

Jo.seph, 323: Matthew and 

Seth, 406: Ozias, ensign, 559. 

Mason, Jarcd, 18: John and Samuel, 

appeal in re Mohegan, 501. 
Mather, Eleazer, 584: Joseph, 389, 



688 



INDEX, 



566; deputy for Lyme, 494, 541: 

Richard, 389: Thomas, land sold, 

442. 

Matson, Nathaniel, 536, 641; surveyor, 17: 
William, 538; ensign, 348. 

Matthews, Aaron, ensign, 253: 

Thomas, justice, 6, 125, 246, 345, 457, 
551. 

May, Eleazer, 439: Samuel, quarter- 

inaster, 10; lieutenant, 143: Ste- 
phen, lieutenant, 255. 

Meacham, David and Moses, 271: 

Israel, deed confirmed, 59: John 

and Joseph, 59, 271. 

Mead, Amos, 523: Benjamin, lieu- 
tenant, 614: Jabez, deputy for 

Greenwich, 341: James, land' sold, 

178, 401: John, 187; captain, 614; 

deputy for Greenwich, 546, 607: 

Jonas, 333: Josiah, 334,523, 570: 

Peter, justice, 7,126, 246,346,458, 

552: Stephen, captain, 557. 

Meakins, Joseph, 577. 

Mecom, Benjamin, 338, 651. 

Meech, Joshua, ensign, 251 : Moses, 

491. 

Meigs, John, ensign, 13; lieutenant, 300: 

Josiah, deputy for Guilford, 546; 

justice, 246, 346, 457, 551. 

Merchant, Gurdon, 325. 

Merriam, Benjamin, ensign, 143. 

Merrick, John, lieutenant, 194. 

Merrills, Abel,. «9, 599; captain, 15; dep- 
uty for Ne;', Hartford, .340, 412, 607: 
Elijah, lieutenant," 611: Jon- 
athan, 58. > 



Merriman, Abel, 201: 



»b, justice, 



6, 125, 246, 346, 457, 55f.'' ■-' Nathan 
iel, land sold, 642. 

Merwin, Deborah, 226: Miles, lieu- 
tenant, 255: Stephen, 92. 

Messenger, Nathan, 158. 

Metcalf, William, justice, 7, 126, 247, 346, 

458, 552. 

Metuxen, Indian, sale of pretended right 
of land of, 69, 60, 147, 152, 201, 268, 310, 
470. 

Middletown: road to Wethersfield, 182; 
Indian land in, 320, 370; Westfield soci- 
ety, 484, 585 ; Chatham set otf, 633. 

Mile-stones, towns to erect, 608. 

Military affairs: bounty to recruits for 
regulars, 17, 82 ; grants to soldiers, 25, 
55";; 99, 156, 160, 214, 220, 283, 331, 487, 
488; complaint that enemy is supplied 
with provisions, 64 ; provision for troops 
in Havana expedition, 66; troops for 
garrison, 75, 82; deserters secreted, 83: 
billeting recruits, 136, regulars, 541, 
608; thanksgiving for peace, 137; dis- 
crepancy in accounts of number of 
troops, 192, 223; campaign of 1764, 230, 
232; soldiers exempt from arrest, 235; 
arms collected and sold, 256. 

Militia: artillery co. New London, 25; 
field officers appointed, 88, 249, 347, 

459, 609; viewing of arms, 133, 248; 
days of training, 248, 607; companies 
in Fairfield, 167, 330, in Newtown, 395, 



in New Stratford, 325; dissatisfaction 
in Northington, 587; 14th regiment con- 
stituted, 607; guard for election days, 
615. 

Miller, Abraham, land sold, 442: Dan- 
iel, 309: David, 316,587; lieutenant, 

254; captain, 555: Jeremiah, 20, 51, 

262, 304, 428 ; deputy for New London, 1, 
73, 120, 451; justice, 7, 125, 247, 457, 
551: Nicliodemus, ensign, 300; cap- 
tain, .350: Robert, 384.' 

Mills, John, 442: Lewis, 224: 

Pelatiah, lieutenant, 251: Philo, 

quarter-master, 87: Roswell, 520, 

578, 626; captain, 610: Stone, 68: 

Treat, lieutenant, 195, captain. 

506. 

Milner, Samuel and Thomas, 216. 

Minor, Elisha, 646: Ezekiel, 217: 

Samuel, 22,645: Simeon, 625; dep- 
uty for Stonington, 2, 121, 190; justice, 
7." 

Mitchell, .Tames, 226. 

Mix, Ebenezer, 19, 187, 308, 381: 

Jabez, land sold, 173: John, ensign, 

15: Jonathan, 623. 

Mohegan lands: highways in, 37; grant 
to school, 100, 169, 485; committee on, 
353; Mason's appeal, 501. 

Moffat, Lemuel, 612: Thomas, justice, 

7, 126, 247, 347, 458, 552. 

Monger, Nathaniel, 271. 

Monroe, William, 513, 563. 

Moore, David and Timothy, 53: — — 

Joshua, land sold, 166: ^ Lydia, land 

sold, 392: Samuel, deputy for Sal- 
isbury, 413; surveyor, 560. 

Morehouse, Andrew, land sold, 529: 

Gershom, ensign, 351: Lemuel, en- 
sign, 554: Nathan, ensign, 348: 

Samuel, lieutenant, 87. 

Morey, Joseph, 515, 624. 

Morgan, Daniel, deputy for Preston, 295; 

captain, 460: .lames, captain, 9: 

• John, ensign, 553: Samuel, 

deputy for Preston, 73, 241, 452, 546; 

justice, 7, 125, 247, 346, 457, 551: 

Theophilus, 240, 559; deputy for Kil- 

lingworth, 120, 189, 231, 295: 

William, 332; deputy for Norwich, 412. 

Morison, Norman, 88, 145, 198, 262, 270, 
377. 

Morlev. John, land sold, 172 : Thomas, 

174^ 487. 

Morris, Daniel, 213, 226, 433 : Henry, 

618: John, 524, 579: Stephen, 

562. 

Morse, Francis, 117: Jedidiah, dep- 
uty for Woodstock, 243, 547, 607 : 

Moses, 99. 

Mortimer, Philip, 91. 

Morton, Samuel, land sold, 56. 

Moseley, Increase, 48, 285, 337, 354, 419, 
626, "^630; deputy for Woodbury, 121, 
189, 231, 242, 295, 341, 413, 46*3, 494, 
541, 547. 

Moss, Amasa and David, 595: John, 

48; lieutenant, 85. 

Mott, Adam and Jonathan, 69: Na- 



INDEX, 



689 



thaniel, 538 : Samuel, 418, 447, 450 ; 

army lieutenant, 75. 
Moulton, Ebenezer, 310, 470: Daniel, 

army lieutenant, 234. 
Mulford, Barnabas, deputy for Branford, 

2. 
Mumford, James, 616 : Thomas, 240, 

636; ensign, 253. 
Munson, Abel, 60, 152, 201, 279: 

Stephen, 562. 
Murdock, John, 288, 379; deputy for Say- 
brook, 2, 74, 189, 231, 242, 295, 340, 452, 

546, 606; justice, 247, 846, 457, 551; 

major, 459: Samuel, 93; deputy 

for Windham, 241, 451. 

Nash, John, land sold, 336 : Samuel, 

437, 483; deputy for Goshen, 74, 120, 
190,232, 242, 295, 413, 494, 541, 607; 
justice, 248, 347, 459, 552. 

Nettleton, Jeremiah, 578: John, lieu- 
tenant, 142. 

Kevins, Robert, 88, 270. 

New Britain, enlarged, 399. 

New Cambridge, some set to, 640. 

New Fairfield, to send in list, 81 ; enlarged, 
437 ; tax south society, 441. 

New Hartford, some set to West Sims- 
bury, 58; road in, 184; Torringford, 207. 

New Haven, Bethany society, 23, 84, 107, 
538 ; state house, 24, 137, 337, 353 ; road 
to Derby, 508, to Windham, 615, to 
Woodbury, 83, 368, 419, 480; division 
of school money, 209; Indian land in, 
524, 579; oyster fishery, 500; soldiers 
quartered in, 542, 562. 

New London, artillery co., 25; battery, 
23, 186, 468, 563, 646; ferry, 608; high- 
ways in Mohegan land, 37. 

New Stratford, constituted, 48 ; militia co., 
325 ; some annexed to, 642. 

New trials granted, 18, 23, 56, 90, 93, 94, 
96, 97, 225, 260, 308, 469, 574; courts 
may grant, 77. 

Newberry, Roger, 577; lieutenant, 610. 

Newcoml), Jonathan, land sold, 434. 

Newell, Josiah, lieutenant, 505: Lof- 

tus, land sold, 168. 

Newton, Abner, 512: Ezekiel, land 

sold, 205 : Israel, ensign, 87 : 

John, 205: Roger, judge, county 

court, 4, 123, 244, 343, 455, 548; justice, 
6, 125, 246, 345, 457, 551. 

Newtown, militia companies in, 395. 

Nichols, Benjamin, land sold, 110: 

George, 21, 333: Isaac, 534: 

Jonathan, lieutenant, 460: Joseph, 

land sold, 446: Peter, ensign, 504: 

Theophilus, 577; deputy for Strat- 
ford, 242, 606; justice, 7, 126, 246, 340. 

Nilfs, Ambrose, 538. 

Norfolk, horsebrand, 9; road to Simsbury, 
82, to Torrington, 69; distribution of 
bonds given for, 79,209; in 14th regi- 
ment, 607. 

North, Isaac, ensign, 193: .Tame?, 

land sold, 276: Noah, 286: 

Robert, 197 : Timothy, house burnt, 

486. 

87 



North Fairfield society constituted, 50. 
101. ^ ' ' 

Northbury, in Waterbury, some set to, 
55, 587^ 

Nortliford, society enlarged, 210, 279. 

Nortliington, militia co., 587. 

Northrop, Amos, deputy fur New Milford, 
2 ; ensign, 557. 

Northway, Samuel, 586. 

Norton, Daniel, 98: D:ivid, 238; en- 
sign, 504: Ebenezer, deputy for 

Goshen, 74, 341, 453: Ichabod, 239: 

.Te.lidiah, 199: Job, 603: 

Nathaniel, ensign, 138: Noah, land 

sold, 238: Seth, land sold, 239. 

Norwalk, ferry to Long Island, 236. 

Norwich: some set to Hanover from New- 
ent, 169; tax Chelsea socii-tv, 184, 203/ 

Noyes, James, 22; captain, 15: 

IVIoses, 538 : William. 400 ; deputy 

for Lyme, 340, 413, 546 ; justice, 346. 

Oaths of allegiance etc. to be printed, 495. 

Ogden, Humphrey, 17: Ichabod, 187, 

333. 

Olcott, George, 491: James, 538: 

Joseph, 388, 432, 479, 491 : Josiah, 

159, 589, 602: Nathaniel, 159: 

Peter, ensign, 304. 

Oliver, Andrew, 389. 

Olmsted, Daniel, ensign, 554: Icha- 
bod, quarter-master, 348; cornet, 403: 

Joseph, deputy for Enfield, 2, 74, 

121, 189, 2.32, 341, 4i3, 546 'ustice, 345, 
457, 550: Nathan, deputy foi- Ridge- 
field, 453, 494, 541: Samuel, 50; 

deputy for "■ afield, 74, 189, 241, 295, 
546, 606 ; •■ ,7, 126, 246, 346, 458, 

552. 

Orcutt, David, captain, 16; deputy for 
Stafford, 2: William, 528. 

Osborne, Daniel, 43, 637 : Deborah and 

Ephraim, 40: Jonathan, 173: 

Joseph, 481; captain, 254; deputy for 

Derby,546: Thaddeus, land sold, 43, 

637 : Thomas, 436. 

Osgood, William, justice, 7, 126, 247, 347, 
458, 552. 

Oviat, Elizabeth, Giles and John, 640. 

Owen, Elijah, Eliphalet, and Leonard, 

622: John, 306, 582, 631; deputy 

for Simsbury, 493, 540, 606; justice, 6, 

125, 246, 345, 456, 550: Martha, 

309. 

Oysters and clams, act for preservation 
of, 500. 

Packer, Joseph, ensign, 554. 

Page, Joseph, quarter-master, 86 ; cornet, 
301: Timothy, 226. 

Palmer, Ichabod, ensign, 196: John, 

292, 335: Jonathan, ensign, 14; set 

to Horseneck, 37 : Messenger, lieu- 
tenant, 10; captain, 303; deputy for 
Greenwich, 414, 452, 494; justice, 458, 
552: Nehemiah, 544. 

Pardee, Daniel, land sold, 392: John, 

deputy for Sharon, 2 : Thomas, 

638; captain, 249. 



690 



INDEX. 



Park, Moses, 408, 418, 447, 450: Peter, 

287 : Robert, ensign, 553 : Wil- 
liam, 1G5. 

Parkman, Elias, land sold, 22. 

Parmely, Aaron, 239: Abraham, en- 
sign, 86; lieutenant, 505: John G. 

and Thomas, 277. 

Parrack, Elnathan, land sold, 592. 

Parsons, Esther, 31: John, land sold, 

31; justice, 247: Moses, 539, 640: 

Samuel, lieutenant, 139: Sam- 
uel H,, 390, 605; auditor, 614; deputy 
for Lyme, 74, 121, 241, 413, 546, 606: 
Thomas, lieutenant, 417: Tim- 
othy, 224. 

Partridge, Richard, settlement with estate 
of, 78: Thomas, ensign, 460. 

Patterson, John, justice, 8, 127 : Ruth, 

226. 

Paucatuck River, fishery in, 297. 

Payne, Benjamin, 621, 626; deputy for 
Hartford, 606; ensign, 139; lieutenant, 
351 : Ebenezer, deputy for Wood- 
stock, 462: Elisha, deputy for Plain- 
field, 413, 453, 494, 546, 607 ; justice, 458, 

552: James, 172: ' John, 434; 

land sold, 172: Nathaniel, land sold, 

391 : Seth, surveyor, 137. 

Pavson, Asa, land sold, 171: John, 

442: Thomas, 236, 257. 

Pearl, Timothy, captain, 194; deputy for 
Willington, 295, 452, 493, 540, 546, "606. 

Pease, Cummins, 271: Daniel, 446: 

Emory, deputy for Somers, 341, 

413, 452, 493, 540, 546, 606: 

Ephraira, captain, 417; deputy for En- 
field, 606: Joseph, 486: Pela- 

tiah, 271. 

Peck, Ebenezer, 92; land sold, 272, 395, 

596: Ephraim, 92: Gideon, 

92: Heath, deputy for Newtown, 

606: Henry, 92; ensign, 194: 

Jacob, land sold, 47, 211: James, 

538: Jasper, 646: John, cap- 
tain, 611: Joseph, 596: Na- 
thaniel, lieutenant, 611: Stephen, 

563: Zebulon, captain, 195. 

Pedlars, fees for license, 356. 

Peek, Benoni, ensign, 254. 

Pelton, James, 68 : Robert, land sold, 

177. 

Penfield, Nathaniel, 623. 

Penniman, John, 259. 

Penoyer, John, 91. 

Pepoon, Silas, ensign, 86. 

Percival, John, captain, 141. 

Perin, Timothy, captain, 12. 

Perkins, Amos, 538: Jacob, justice, 

6, 125, 247, 346, 457, 551: ' James, 

ensign, 611: Jedidiali, lieutenant, 

195; captain, 418: Luke, justice, 

7, 125,247, 346,457, 551: Matthew, 

captain, 462 : Samuel, justice, 346 : 

Solomon, lieutenant, 463. 

Perry, Joseph, captain, 194. 

Peters, John, captain, 11. 

Pettibone, Abel, ensign, 503: Giles, 

ensign, 507: Jonathan, 29, 69; dep- 
uty for Simsbury, 74, 190, 232, 242, 341, 



452; justice, 6,' 125, 246, 345, 456, 550: 

Samuel, 46, 634; deputy for 

Goshen. 2; justice, 8, 127. 

Phelps, Alexander, 168; deputy for He- 
bron, 2; justice, 6, 125, 246, 345, 456, 
550; major, 249; lieutenant colonel, 

459: Charles, deputy for Stoning- 

ton, 74, 242, 340, 494, 541, 546, 606; 
justice, 247, 346, 457, 551; probate 
judge, 502, 549; overseer of Indians, 

526: Daniel, 588, 604: Elijah 

and Ezfd<:iel, 649: James, 305, 374: 

Joel, house burnt, 173 : .John, 

168; deputy for Hebron, 2, 341, 413, 
453, 493, 540, 546, 606; justice, 6, 125, 

246, 345, 456, 550; lieutenant, 352: 

Joseph, 147, 168, 200, 649: Joshua, 

ensign, 505: Josiah, 588. 

Picket, Benjamin, ensign, 304: Dan- 
iel, ensign, 250; lieutenant, 554: 

Samuel, cornet, 614. 

Pierce, Ezekiel, 389, 469; deputy for 
Plainficld, 241, 413, 453, 494, 54l', 546, 
607: John, 226: Joseph, en- 
sign, 251 : Joshua, deputy for Corn- 
wall, 2, 74, 121, 189, 231, 242, 294, 341, 

413 : Thomas, 76 ; army captain, 

75. 

Pierpont, Jacob and John, 154: 

Joseph, captain, 252. 

Pierson, Ephraim, land sold, 179: 

John, deputy for Killingworth, 3, 74, 
242, 341, 413, 453, 546; justice, 346, 
457, 551. 

Pike, Leonard, 271. 

Pinney, Isaac, 602; deputy for Stafford, 
73, 120, 189, 233, 242, 294, 341,452, 546; 
justice, 6, 125, 246, 345, 457, 560; cap- 
tain, 503: Philander, land sold, 

602: Rachel, 53. 

Pitcher, Ebenezer, lieutenant, 14. 

Pitkin, Caleb, ensign, 612: Daniel, 

George, Gift, and Ozias, 46: Isaac. 

91: John, 306, 539, 5H6, 577, 582, 

586, 629, 631, 637; deputy for Hartford, 
493, 540, 645; justice, 125, 245, 345, 

456, 550: .Joseph, justice, 6: 

Thomas, captain, 304; deputy for Bol- 
ton, 341, 413, 452, 493, 540, 606 ; justice, 

6, 125, 246, 345, 456, 502, 550: 

William, 186, 259; nominated, 78, 226, 
298,415, 508, 615; chosen deputy gov- 
ernor, 3, 121, 243, 342; governor, 453, 
547; present, 1, 73, 120, 188, 227, 230, 
241, 294, 340, 409, 412, 451, 493, 640, 
545, 605; committee, 61, 78, 135, 136, 221, 
234,399; chief judge, 4, 123, 244,343; 

writes to Conway and <iage, 467 : 

William jun., 224, 318, 638; deputy for 
Hartford," 1, 73, 120, 188, 231, 241,^294, 
340, 412, 451; clerk, 242, 295, 341, 414; 
m nomination, 226, 298, 415, 508, 6)5; 
chosen assistant, 454, 547 ; present, 493, 
540, 645, 605; committee, 18, 56, T2, 
106, 119, 166, 172, 209, 223, 287, 322, 
386, 466, 467, 521, 564, 576, 601, 638; 
lieutenant colonel, 88. 

Plainfield: list, 185, 367; ecclesiastical 
societies, 635. 



INDEX, 



691 



Piatt, Epenetus, ensign, 557: Joseph, 

293, 515; deputy for Norwalk, 2, 341, 
413, 452, 494, 541, 546, 606; committee, 
51, 101; justice, 7, 126, 246, 346, 458, 
552. 

Pomfret, list, 367. 

Pomroy, Eleazer, 223, 236, 257 : Oli- 
ver, 91. 

Pond, Dan, 60, 152, 201, 268. 

Poquanock, in Windsor, without minister, 
398. 

Porter, Abner, quarter-master, 614: 

Daniel, 336: Elijah, lieutenant, 

142 : Hezekiah, 483 : John, 96 : 

Joseph, ensign, 461 : .loshua, 

deputy for Salisbury, 295, 341, 452, 
494, 541, 547, 607; ensign, 300; justice, 

459, 552; taverner, 403: Samuel, 

213, 433, 436; ensign, 558: Thomas, 

21 ; lieutenant, 254 ; captain, 507. 

Post, .Tedidiah, ensign, 418. 

Potter, Daniel, captain, 610 : James, 

deputy for New Fairfield, 494, 541, 546, 
607: John, ensign, 463. 

Powers, Robert, grant to, 220. 

Pratt, Amy ami Esther, 602: Daniel, 

187, 594; ferry grant to, 24; ensign, 

143: David and Edward, 594: 

Elisha, 118: Joseph, ensign, 30'1; 

lieutenant, 415 ; captain, 507. 

Prentice, John, 287, 627: Jonas, 22; 

deputy for Sionington, 74,294: Jon- 
athan, 627: Samuel, justice, 7, 125, 

247, 457, 551 : Thomas, captain, 10. 

Preston? some added to north society, 
100. 

Probate court, litnitation of claims by, 
133 : at Stonington, 496. 

Putnam, Israel, 487; deputy for Pomfret, 
452, 49^ 541, 546, 607; army major, 
234. lieutenant-colonel, 249. 

Putney, Joseph and Mary, 486. 

Quintard, Isaac, ensign, 302. 

Randal, .John, lieutenant, 141. 

Ranny, Richard, 371. 

Ransford, Joseph, lieutenant, 462. 

Ransom, John, 26; deputy for Kent, 452, 
647, 607; justice, 8, 126, 247, 347, 459, 
552. 

Ray, John. 448, 449 : Richard and 

Robert, 573. 

Raymond, Christopher, 404; lieutenant, 

15: Clapp, 646; lieutenant, 251: 

.Joshua, 226; captain, 14: Sim- 
eon, ferry grant to, 236 : Thomas, 

land sold", 280, 402. 

Read, Abraham, lieutenant, 462: 

Christopher, lieutenant, 556: John, 

215, 396, 534; deputy for Fairfield, 451, 
for Reading, 607; justice, 7, 126,246, 

346, 458, 551: Salmon, lieutenant, 

557. 

Reading incorporated, 580. 

Reddington, John, lieutenant, 503. 

Reeves, Stephen, 93. 

Remington, Jonathan, captain, 14: 

Joseph, 305, 374. 



Reynolds, Gideon, 333; deputy for Green- 
wich, 241 : Joseph, 187 : Sam- 
uel, captain, 415; justice, 6, 125, 246, 

345, 457, 550; land sold, 327: 

Thomas, land sold, 39. • 

Rhoads, Obadiah, 286. 

Rice, Royce, Ezekiel, justice, 6, 125, 246, 

346: Gideon, land sold, 30: 

James, cornet, 255 : .John or Joseph, 

620: ■ Moses, ensign, 140; lieutenant, 
566: Peter, 218: Phineas, 21. 

Richards, George, 23: Guy, lieuten- 
ant, 249; captain, 461: John, 307, 

569; justice, 7, 125, 247, 346; Swetland 

v., 260, 311 : Joseph, lieutenant, 251 : 

Samuel, 648: Thomas, cap- 
tain, 142. 

Richardson, Amos, lieutenant, 348; cap- 
tain, 553; house burnt, 593: Ger- 

shom and Uriah, 271 : James, 292, 

375, 425, 475: William, 67. 

Riggs, Joseph, 224: Samuel, justice, 

6, 125, 246. 

Riley, Roger, lieutenant, 558. 

Riots, proclamation against, 411. 

Ripley, William, 105. 

Roach, Joseph and William, 117. 

Robbins, Benjamin, land sold, 646: 

John, lieutenant, 301: Moses, lieu 

tenant, 14; captain, 459: William, 

land sold, 54. 

Roberts, Aaron, 371 : Ezekiel, IS, 

101, 404: Nathaniel, land sold, 596: 

Samuel, 172: William, 35, 575. 

Robertson, Samuel, captain, 141. 

Robinson, Ebenezer, 186 : Josiah, 595, 

596; ensign, 13 ; lieutenant, 506: 

Samuel, deputy for Guilford, 74, 120; 

justice, 6, 125, 246, 345, 457, 551 : 

■William, 515, 624. 

Rock, Dinah, 329. 

Rockwell, James, 588: Joseph, 517: 

Matthew, deputy for Windsor, 189, 

231, 241, 341, 452, 493, 540, 545: 

Seth, land sold, 280: William, 218, 

280. 

Rogers, Ichabod, 20 : John, captain, 

138: Joseph, deputy for Branford, 

606: Josiah, 40, 279; deputy for 

Branford, 74, 120, 189, 231, 242," 294, 
341, 546; ensign, 508; justice, 6, 125, 

246, 345, 457, 551: ^ Noah, deputy 

for Cornwall, 453: Robert, 283: 

Thomas, 563; captain, 301: 

Uriah, ensign, 84; lieutenant, 417: 

Zabdiel, lieutenant, 84; captain, 417. 

Rood, Ebenezer, 57. 

Root, Ephraim, deputv for Coventry, 121, 
294, 341, 413, 452, 607: Jesse, lieu- 
tenant, 139 : .Jonathan, deputy for 

Farmington, 294, 340, 452, 545. 

Rose, John, 480: Peter, lieutenant, 

460: Robert, 509: Timothy, 

368. 

Ross, Robert, 213, 432. 

Rossiter, Ashur and Ebenezer, 383: 

Bryan, 101: Nathan, ensign, 557: 

— ^Theophilus, justice, 6, 125, 246, 345, 
457, 551. 



692 



INDEX. 



Rowland, David, 101, 111, 151, 219, 236, 
257; deputy for Fairfield, 1, 73, 120, 
188, 231,241, 294, 340; in nomination, 
78, 226, 298, 415; delegate to stamp act 
congress, 410, 420, 450; justice, 7, 126, 
246,' 346. 458, 551; judge, county court, 
244, 343, 455, 549,' probate, 228, 244, 
344, 456, 549. 

Rudd, Jonathan, deputy for Windham, 
73, 241. 

Ruggles, .Joseph, captain, 463: Na- 
thaniel, deputy for Guilford, 412, 453, 
493; justice, 6", 125, 246, 345, 457, 551. 

Rumsey, David, army lieutenant, 76, 234. 

Rundell, .lohn, captain, 302. 

Russ, Abraham, Azariah, Daniel, etc., 55. 

Russell, Benjamin, captain, 613: 

Ebenezer, lieutenant. 196 ; ensign, 353 : 

Itliiel, deputv for Branford, 74, 

606: John, 646; ensign, 613: 

Jonathan, justice, 6, 125, 246, 345, 457, 

551: Samuel, 317; deputv for 

Branford, 189,452,493,540; lieutenant, 

137; captain, 142: Thomas, deputv 

for Cnrmvall, 2, 74, 121, 242, 294, 341, 
413, 494, 541, 547, 607; justice, 8, 127, 
247, 347, 459, 552: 'Timothy, jus- 
tice, 6, 125, 246, 345, 457, 551. 

Rust, Noah, 159. 

Sabin, Josiah, ensign, 249; lieutenant, 
553: Noah, land sold, 41: Tim- 
othy, justice, 7, 126, 247. 

Sacket, Justus, captain, 352: Samuel, 

210; justice, 6, 125, 246, 345, 457,551. 

Sage, Comfort, captain, 143: David, 

320, 370; justice, 550: Solomon, 

ensign, 251. 

St. John, John, captain, 140. 

Salarv of judges, 9, 77; of governor, etc., 
gra'nted,' 72, 186, 222, 259, 338, 408, 450, 
491, 539, 605, 649. 

Salisbury, in 14th regiment, 607 ; ore-bed, 
634. 

Salter, John, deputy for Mansfield, 452, 
546. 

Saltonstall, Gurdon, 25, 240, 604; probate 
judge, 5, 123, 244, 344, 455, 549. 

Sanford, Benjamin, 563: Ephraim, 

55: Joseph, quarter-master, 848; 

lieutenant, 461: Nehemiah, en- 
sign, 9. 

Saunders, Elizabeth, 164. 

Savage, Elisha, ensign, 558. 

Scarborough, .Jeremiah, deputy for Pom- 
fret, 74 : Joseph, deputy for Pom- 
fret, 413. 

Schools: distribution of Norfolk bonds, 
79; excise money appropriated to, 463; 
annual appropriation to, 497, 561 ; towns 
may regulate districts, 497. 

Scofield, Samuel, 404; land sold, 178. 

Scott, Daniel, Eleazer and Gershora, 110, 

212: Enoch and Ezekiel, 47: 

James, lieutenant, 140; captain, 416. 

Scovel, Abner and Arter, 283. 

Scribner, Elias, ensign, 254. 

Sedgwick, Ann, taverner, 285: Ste- 
phen, 568, 617. 



Seely, Abel, ensign, 302; lieutenant, 504: 
Nathaniel, 330; lieutenant, 9; cap- 
tain, 139. 

Selden, Anne, 538: Joseph, captain, 

84: Samuel, 538; deputy for Lvme, 

2, 126, 189, 231, 294, 340, 453; justice, 
247, 346, 457, 551: Thomas, cap- 
tain, 250; deputv for Haddam, 413, 
493. 

Sessions, Abner, justice, 458, 552. 

Seward, Brotherton, 514: Joseph, 

lieutenant, 507. 

Sexton, John, 629: .Joseph, deputv 

for Somers, 2, 74, 121, 242, 294: '- 

Nathaniel, ensign, 195. 

Seymour, Elisha, 202: .Jonathan, 

259: Seth, ensign, 558: Ste- 
phen, ensign, 253; lieutenant, 349: 

Thomas, 67, 236; justice, 6, 125, 245, 
345,466: Uriah, survevor, 367. 

Shaler, Ebenezer, land sold, 103, 336: 

Ezra, 282. 

Shapley, Adam, ensign, 461. 

Sharon, in 14th regiment, 607; new soci- 
ety asked for, 638. 

Sharp, Gershom, 163. 

Shaw, Nathaniel, 240, 569; justice, 415, 
467. 

Sheffield, William, 208. 

Sheldon, Elisha, in nomination, 78, 226, 
298, 416, 508, 615; chosen assistant. 3, 
122,243, 342, 453, 547; present, 1, 73, 
120, 188, 227, 294, 340, 409, 412, 451, 
493, 540, 545, 605; committee, 4, 23, 48, 
84, 151, 308, 368, 381, 454, 626; ensign, 

300 : Epaphras, deputy for Torring- 

ton, 120; justice, 8, 127, 248, 347, 459, 

552: 'Isaac, 149: Phineas, 184; 

deputy for Sufiield, 74. ~— 

Shepard, Daniel, 320, 370: Eli, Jo- 
seph, and Luther, 632: .Tames, 

486: .Ton:is, 185: Simon, quar- 
ter-master, 86; cornet, 349; lieutenant, 
612: Timothv, ensign, 11; lieuten- 
ant, 240. 

Sheiitfs: number of deputies limited, 499. 

Sherman, I^aniel, deputy for Woodbur}^ 
2, 74, 120, 189, 231, 242, 295, 341, 413, 
453, 494, 547, 607; committee, 4, 23, 
84, 482, 508, 576; justice, 7, 126, 247, 
347, 458, 552; probate judge, 5, 124, 

245, 344, 466, 550: Roger, 114, 431, 

473, 510; deputy for New Haven, 294, 
340, 412, 451, nominated, 78, 226, 298, 
415, 508, 615; chosen assistant, 463, 
547; present, 493, 640, 645, 605; com- 
mittee, 83, 175, 211, 314, 368, 376, 466; 
justice, 346, 415, 457; judge, superior 
"court, 455, 648: Samuel, 49; jus- 
tice, 6, 125, 246, 345, 457, 561: 

Tom, Indian, 212, 367, 432. 

Sherwood, Andrew, 36, 212: Jabez, 

67; deputv for Greenwich, 2, 121, 190, 
241,295, 414, 452, 494, 641: Jere- 
miah, 17 : Samuel, justice, 7, 126, 

246, 346, 468, 552. 

Shipman, Abner, land sold, 27: .John, 

639; deputy for Saybrook, 121, 189, 
231, 413, 606; captain, 250; justice, 



INDEX. 



693 



551: Samuel, lieutenant, 506; cap- 
tain, 556. 

Sholes, Levi, 326. 

Shoran, Eunice, 212. 

Shute, Richard, 449, 536. 

Sikes, Reuben, deputy for Somors, 493, 
540, 546, 606. 

Sillinian, Ebenezer, 244; norffinated, 78, 
226, 298, 415, 508, 615; cho'sen assist- 
ant, 3, 122, 243, 342; present, 1, 78, 
120, 188, 227, 230, 294, 340, 409, 412; 
deputy for Fairfield, 494. 541, 546 ; com- 
mittee, 94, 200, 256; judge, superior 
court, 4, 123, 244, 343; justice, 468, 651 : 
Samuel, 327. 

Simes, William, ca|)tain, 85. 

Simons, Ezekiel, 599: Jacob, 181, 

478; justice, 458, 552: John, en- 
sign, 556. 

Simsbui'y : some set from N. Hartford to 
west society, 58: tax, west society, 160; 
road to Norfolk, 82; bridge in, 599. 

Skift", Benjamin, 45; lieutenant, 304. 

Skinner, Aaron, 488, 625: Daniel, 

265: John, 573: Noah, lieu- 
tenant, 555. 

Slade, James and William, 672. 

Slason, George, Nathan and Silas, 176. 

Slaughter, David and Martha, 229. 

Small pox, inoculation prohibited, 9, 77, 
191, 248, 356, 466, 662. 

Smally, Elijah, 277. 

Smedlev. Ephraim, lieutenant, 195. 

Smith, 'Abner, 60, 162, 202, 268: 

Abraham and Benjamin, 646: 

Asaph, lieutenant, 138, captain, 613: 

David, 445, 592; lieutenant, 10, 

250: Ebenezer, deputy for Wood- 
stock, 2, 74, 120, 189, 232, 340, 412; 
justice, 7, 126, 247, 347, 458, 552; land 

sold, 396: Elijah, 640; ensign, 141 ; 

lieutenant, 300: Enos, land sold, 

50: Ezra, deputy for Ashford, 121, 

190, 232: George, 88, 145, 198, 270: 

Isaac, 646 ; ensign, 417 : Jabez, 

332; deputy for Groton, 121 : .James, 

177 : .teduthan, 187 ; ferry grant to, 

24: John, 449; deputy for Volun- 

town, 494; captain, 255; justice, 7, 
126, 247, 347, 458, 562; land sold, 38, 
611, 602; settlement of estate, 88, 145, 
198, 270:— — -Jonathan, 571; captain, 

12: Joseph, 115; lieutenant, 463: 

Josiah, 187 ; ensign, 416 : Lucre- 

tia, 390: Martin, 82, 277; deputy 

for New Hartford, 2, 120, 452 ; lieuten- 
ant, 612 : Moses, army lieutenant, 

75: Nathan, ensign, 612; justice, 

247, 346, 457, 551: Nehemiah, 115; 

ensign, 85: Philip, 157; lieutenant, 

12: Richard, 187; ferry grant to, 

24; land sold, 203: Samuel, 56, 

310, 470, 576; justice, 7, 126, 246,346, 

468, 662; lien'tenant, 262: Seth, 

617; ensign, 612: Simeon, deputy 

for Sharon, 607; ensign, 558: Ste- 
phen, deputy for Ridgefield, 74, 413, 

606; captain, 300, 609: William, 

88, 270. 



Societies, to choose treasurers, 298 ; pen- 
alty for illegal voting in, 298. 

Somers, baptists in, 271. 

Sommers, Henry, ensign, 559. 

South Britain society constituted, 436, 
482. 

South Farms society constituted, 632. 

Southbury, meeting-house, 171, 209. See 
South Britain. 

Southington, some set to from Kensing- 
ton, 393. 

Southmaid, Joseph, justice, 6, 125, 246, 
346, 456, 560. 

Spafford, Abraham, captain, 13 : Sam- 
uel, land sold, 36. 

Sparks, Thomas, land sold, 108. 

Spaxilding, Andrew and .John, 185: 

Asa, 418, 447, 450; lieutenant, 460: 

— — Ebenezer, captain, 85 : Philip, 

lieutenant, 352 : Simon, ensign, 611 ; 

lieutenant, 352. 

Spencer, Benjamin, land sold, 284: 

Ebenezer, 35, 181: .John, 288, 379: 

.Joseph, 36, 181, 261, 287, 290, 311, 

316, 427, 429, 471, 474, 575, 684, 618, 
637, 638,640; deputy for East Haddam, 
2, 75, 121, 295; nominated, 415, 508, 
615; chosen assistant, 454, 648; present, 
493, 540, 645, 605 ; justice, 6, 125, 246, 
345; probate judge, 5, 124, 245, .344,. 
455, 549; lieutenant colonel, 249; col- 
onel, 459 : Thomas, 649. 

Sperry, Charles, lieutenant, 140; captain, 

556: Joshua, 369: Nathaniel, 

ensign, 139. 

Spicer, Oliver, ensign, 416. 

Spirituous liquors, excise bill to be pre- 
pared, 67 ; excise on, 190, 

Sprague, Silas, quarter-master, 351. 

Squire, Jesse, 95, 146: Samuel, 94: 

Seeley, 118. 

Stafford, baptists in, 271; bounds with 
Union, 20, 106, 166, 221; ecclesiastical 
tax, 397 ; mineral spring, 528. 

Stamp act. Agent .Jackson gives notice 
of, 266; book of reasons against, 299, 
651; congress at New York, 409; peti- 
tions and resolves on, 420; address to 
the king on repeal of, 467. 

Stanly, Nathaniel, ensign, 505: Noah 

and Thomas, 399: — — William, 186. 

Stanton, Thomas, lieutenant, 15. 

Staples, Thomas, 17. 

Starkweather, Stephen, 172. 

Starr, Comfort, 51, 101 ; deputy for Dan- 
bury, 2, 75; justice, 7, 126:' Elea- 

zer, ensign, 87: .lohn, 639: 

Joseph, captain, 463: Thomas, 

captain, 250. 

Stearns, Boaz, 472 : Samuel, ensign, 

362. 

Stedman, James, ensign, 554. 

Steel, Elisha, justice, 6, 125. 246, 345. 

456: Jonathan, land sold, 34, 105: 

Stephen, ensign, 11. 

Stephens, Stevens, Benjamin, 507, 688; 

deputy for Canaan, 241, 341, 547: 

Ebenezer, lieutenant, 300: Elna- 

than, deputy for Killingworth, 189, 606; 



694 



INDEX, 



justice, 7, 126, 247, 346, 457, 551: 

Ezra, 322: John, 159, 207: 

Joseph, 68: Phiueas, 588: 

Thomas, deputy for Plainfield, 2; lieu- 
tenant, 15: ^ Uriah, 588. 

Sterry, Roger, captain, 250. 

Stewart, Matthew, 307: Samuel, 

deputy for Voluntown, 547, 607. 

Stiles, Benjamin, 83, 316, 368, 481, 508, 
624; auditor, 614; captain, 251; deputy 
for Woodbury, 74: Stephen, 107. 

Stilson, Samuel, grant to, 488. 

Stimson, Tliomas, 178, 407. 

Stirling, Stephen, 212. 

Stocking, .Tozeb, 117. 

Stoddard, Elisha, justice, 8, 126, 247, 347, 

458 : John, ensign, 301 : ,To- 

siah, 95, 146; deputy for Salisbury, 2: 
Marv, land sold, 326 : Morti- 
mer, 429", 473: Moses, 568: 

Ralph, ensign, 14. 

Stone, Kleazer, .John and Joseph, 275: 

Timothy, 273, 021; deputv for 

Guilford, 3, 74, 190, 232, 242, 295, 341; 
justice, 6, 125, 246, 345; probate judge, 
5, 124, 245, 344. 

Stonington: Indians at, 276, 526; fishery 
Paucatuck R., 298 ; east and west soci- 
eties united, 383; probate court at, 
496. 

Storrs, Experience, captain, 460: Jo- 

sepli, deputy for Mansfield, 189, 231; 

justice, 7, 126, 247, 346, 458, 552: 

Samuel, ensign, 503. 

Stow, Isaac, 179 : Josiah, armv lieu- 
tenant. 234 : Thomas, 34, 105. 

Stowel, David, land sold, 284. 

Strang, Daniel and Elizabeth, 574. 

Strntford : society of New Stratford made, 
48 ; Peck V. 92 ; ferry fare, 207 ; Indians 
in, 212, 367, 432. 

Strickland, Roger and Samuel, 46. 

Strong, Asahel, 286: Charles, 369: 

^ David, 593; deputy for Bolton, 2, 

74, 189, 232, 242, 295," 493, 540: 

Kliakim, ensign, 349; lieutenant, 504 : 

Ephraim, deputy for Milford, 242, 

413: John, 56; deputy for Farming- 
ton, 2, 73, 120, 189, 231, 413, 452, 493, 540, 
545; justice, 6, 125, 246, 345, 456, 550; 
grant to, 222: Joseph, 20, 106; dep- 
uty for Coventrv, 2, 74, 189, 231; jus- 
tice, 7, 126, 247, 346, 458, 552: 

Moses, 572 : Philip, 172 : Phin- 

eas, 389; deputy for Coventry, 2, 121, 
189, 231, 241, 294, 341, 452, 494, 546, 
607; justice, 7, 126, 247, 346, 458, 552. 

Sturgis, Gershom, land sold, 28: — — Hez; 
ekiah, ensign, 350; lieutenant, 555: 

Jon:ithan, 333, 533: Samuel, 

land sold, 534. 

Stutson, vSamuel, deputy for Mansfield, 
491, 541, 607. 

Suffield, baptists in, 271. 

Sugar act, effort to i)reyent revival of, 
240. 

Summers, J.abez, 212. 

Sumner, Benjamin, deputv for Ashford, 
2, 74, 242, 452, 494, 547, 607 ; justice. 



247, 347, 458, 552: William, land 

sold, 398. 

Susquehanna Co., E. Dyer goes to Eng- 
land for, 299 ; alluded to, 476. 

Sutlief, John, captain, 349. 

Swan, .John, lieutenant, 555: Timo- 
thy, captain, 301. 

Sweetingham, Hugh, 525. 

Swetland, Benjamin, Caleb, John, etc., 
260, 311. 

Swift, Elisha, ensign, 415: Heman, 

deputy for Cornwall, 453, 494, 541, 547, 
607; justice, 552: Jabez, 41. 

Talcott, Benjamin, deputy for Bolton, 2, 
121, 242, '295, 413, 452, 546; justice, 

246, 345, 456, 550: Elizur, 271; 

deputy for Glastonbury, 412, 452, 546, 

606 : Hezekiah, 224, 531 : John, 

land sold, 531 : Joseph, 223, 318 ; 

treasurer, 3, 122, 243, 342, 454, 548; 
grant to, 186, 409, 492; justice, 6, 124, 
245, 345, 456, 550; probate judge, 410, 

455, 549; ensign, 351: Josiah, 08: 

Matthew, 51, 240, 617; deputy for 

Middletown, 3, 74, 121, 189, 231, 241; 

justice, 6, 125, 246, 345, 456, 550: 

Samuel, 18, 57, 67, 305, 318, 389; dep- 
uty for Hartford, 1, 73, 120, 188, 231, 
241,294,340, 412, 606; committee, 72, 
119, 160, 343, 372, 432, 479, 585, 589, 
616; justice, 6, 124, 245, 345, 456, 550. 

Talmadge, James, ensign, 10; lieutenant, 
194: Josiah, 60, 152, 201, 268. 

Tanner, John, 570: William, 285, 337, 

419, 571, 630. 

Taxes, granted, 79, 135, 234, 353 ; abate- 
ments regulated, 355 ; collection of, 464, 
560. 

Taylor, Daniel, deputy for Danbury, 413, 

452, 494, 541, 546, '606: Samuel, 

deputy for Danbury, 189, 231 ; justice, 
346. 458, 552 ; lieutenant, 559. 

Terrill, Amos, lieutenant, 196: James, 

captain, 196. 

Terry, Ephraim, justice, 6, 125, 246, 345, 

456, 550: Nathaniel, deputy for 

Enfield, 189, 232, 242, 295, 452, 493, 
540. 

Thanksgiving, for peace, 137, for repeal 
of stamp act, 467. 

Thatcher, Partridge, deputy for New Mil- 
ford, 412: Thomas, land sold, 238, 

395. 

Thomas, Asahel, 50: .John, land sold, 

535 : Timothy, 538. 

Thompson, Abraham, 150, 170, 407, 537: 

James, 391: Joseph, 397; 

ensign, 138: Samuel, 161: 

Stephen, 562: Thomas, land sold, 

161, 170, 407, 537: William, 528. 

Thrall, Moses, captain, 11. 

Thresher, Christopher, 271. 

Tliroop, Dan, 273: Dyer, deputv for 

East Haddam, 453. 

Tibbalds, Arnold, lieutenant, 143; captain, 

351 : Nathan, 172 ; army lieutenant 

234. 

Tiffany, Ebenezer, 605; lieutenant, 610: 



INDEX. 



695 



John and Nathan, 271 : Silas, 

180. 

Tiley, William, 145. 

Tilley, James, 569. 

Tinker, Daren, ensign, 610. 

Tisdatl, Elijah, lieutenant, 141; captain, 
347. 

Todd, Timothy, justice, 551. 

Tolland, baptists in, 271. 

Tomlinson, Abraham, 117: Af;ur, 

116, 171, 538; captain, 11(5; deputy (or 
Stratford, 606; justice, 7, 126, 246^ 340, 

458, 551: Gideon, 623: Isaac, 

captain, 613: John, ensign, 252; 

lieutenant, 612: Joseph, cornet, 

85: Zechariah, 49. 

Torrey, Paul, land sold, 329. 

Torringford society constituted, 207. 

Torrington, road to Norfolk, 69. 

lousev, Oliyer, deputy for Newtown, 

242^412, 494, 541, 546: Thomas, 

bridge built by, 522. 

Town, Archelaus, 440. 

Town-clerks, to return names of excise 
collectors, 296. 

Towner, Dan, 437; deputy for New Fair- 
tiold, 494, 541, 546, 607; lieutenant, 

144; captain, 304: John, 369, 481: 

Joseph, 481. 

Towns, liable for taxes, 355 ; may establish 
school districts, 497, toerect mile-stones, 
608; Chatham, 633, Reading, 580. 

Tozer, Samuel, v. Deane, 575, 618. 

Tracy, Benjamin, 477, 608: Isaac. 

488, 525, 615; deputy for Norwich, 120, 
412, 452, 494, 546,' 606: ensign, 418: 

Joseph, 533; deputy for Norwich, 

494, 541, 546, 606: -^— Sherebiah, 

land sold, 45: Simeon, justice, 7. 

125, 247, 346, 457, 551: Thomas, 

lieutenant, 25.3. 

Trade: embargo laid, 65; pedlars, 356. 

Treadway, Eliphalet, 583. 

Treadwell, Hezekiah, 40, 212. 

Treasurer to attend assembly, 119, 223, 
337, 449, 539, 649. 

Treasury : auditors appointed, 563, 614 ; 
redemption of bills, 65, 256; sterling 
sold, 61, 78, 135, 467; towns in arrear of 
taxes, 66 ; loan to Caldwells, 634. See 
Bills. 

Treat, Alice, and Clemence, 265: 

Daniel, 293: Edmund, 67, 265: 

James, 265, 512: .Joseph, 67, 

265: Peter, 577: Robert, 67, 

213, 265, 368; deputy for Milford, 2, 73, 
120, 189, 231, 452, 4'93, 546; justice, 0, 
125, 246, 345, 457, 551. 

Trowbridge, Ebenezer, land sold, 643: 
Joseph, 383. 

Trumbull, Jonathan, nominated, 78, 226, 
298,415,608, 615; chosen assistant, 3, 
122, 243, 342, deputy governor, 453, 
547 ; present, 1, 73, 120, 227, 230, 340, 
409,412,451, 493, 640, 545, 605 ; com- 
mittee, 36, 90, 146, 151, 153, 199, 240, 
270, 308, 323, 353, 381, 390, 425, 436, 
466, 483, 602; to complete bankrupt 
law, 67; delegate to congress, 410; 



judge, county court, 4, 123, 244, 343, 
probate, 5, 124, 244, 344, 456, 550, chief 

justice, 454, 548: .Inscph, 487; 

captain, 141; ileputy for Lebanon, 607. 

Tubbs, Isaac, ensign, 416. 

Tucker, Benjamin, 161: Daniel, 224: 

Ephraim, 162: Joseph, will 

established, 161: Noah, lieutenant, 

302. 

Tally, John, 639; justice, 7, 126, 247, 

346, 457, 551: .Joseph, deputy for 

Saybrook, 494. 

Turner, Abraham, 596: Joseph, land 

sold, 161: Peninah, land sold, 42, 

276: Stephen, ensign, 463: 

Titus, 587. 

Tuttle, Jonathan and Theophilus, 437: 

Joseph and Tiniothy, 524, 579: 

Moses, land sold, 37, "106. 

Tyler, Daniel, deputy for Canterbury, 

340: Isaac, 97: John, 203; 

army captain, 234; deputy for i'restou, 

121, 494, 541: Lothrop, ensign, 

556: Samuel, ensign, 656: 

Thomas, 604. 

Tyrrel, Hezekiah and John, 274. 

Union, bounds with .Ashford, 636, with 

Stafford, 20, 106, 166, 221. 
Upson. Benjamin, lieutenant, 349: 

Stephen, *S3, 333, 368, 419, 480; deputy 

for Waterbury, 121, 189, 231, 413, 452"; 

captain, 303; justice, 457, 551: 

Timothy, 174. 
Utley, William, 117, 539. 
Utter, Rhoda, land sold, 240. 

Vandyke, Richard, 449, 574. 
Ventrous, Daniel, lieutenant, 84. 
Verplank, JIary, 569. 
Vexatious suits, costs in, 465. 
Voluntown, new society asked for, in, 

286, 289. 
Vorce, Lemuel, 52. 

Wade, Elihu, and Elisha, 118. 

Wadham, Solomon, 643. 

Wadsworth, .James, 321,371; deputy for 
Durham, 2, 74, 189, 231, 241, 295," 341, 
413,452,494,540,646; justice, 6, 125, 
246, 346, 467, 551: ' .lohn N., lieu- 
tenant, 349; captain, 504: Joseph, 

land sold, 335: Samuel, 31: 

William, justice, 345, 456, 550. 

Wait, Richard, 116, 566; ensign, 348. 

Wakefield, Simeon, land sold, 176, 486. 

Wakeman, Joseph, 17: Moses, 392: 

Samuel, 392; ensign, 507. 

VVaklee, Dayid, captain, 418 : Sam- 
uel, captain, 86: Zebulon, 212. 

Wales, Ebenezer, justice, 7, 126, 247, 347, 

458, 552: ' Elish:i, captain, 141: 

—Nathaniel, 323; deputy for Wind- 
ham, 294, 340; justice, 7, 126, 247, 346, 
458, 652. 

Walker, Gideon, 617; justice, 502, 552: 

Isaac, 160: ■ .lames, justice, 7, 

126, 246, 346, 458, 652: " John, 88, 

262, 377, 604: Robert, 24, 92, 466; 



696 



INDEX. 



deputy for Stratford, 1, 73, 121, 190, 
233; nominated, 78, 226, 298, 415, 508, 
615; chosen assistant, 454,547; present, 
493, 540, 545, 605; judire, superior 
court, 4, 123, 244, 343, 455,^^548; justice, 
7, 126, 246, 346; surveyor, 502. 

Walkley, Asa, 444, 531: Simeon, 

land sold, 531. 

Walllngford: Wells society established, 
153, 436; soldiers quartered in, 543; 
Norford, 210. 

Walsworth, Samuel, lieutenant, 301. 

Ward, James, land sold, 239: John, 

271, 535 : Mucock, 314, 376 ; deputy 

for Wallingford, 453, 493, 540, 546, 606: 

Simeon, 649 : Thomas, lieu 

tenant, 350: William, lieutenant, 

556. 

Wardwell, David, 215, 229 : Samuel, 

land sold, 229. 

Waring, Henry, 648. 

Warner, Ephraim, deputy for Waterburv, 
189, 231, 295: Jonathan, 538; cap- 
tain, 301: Thomas, cornet, 194: 

Timothy, 105. 

Warren, Elisha, ensign, 503: John, 

lieutenant, 558: Joseph, laud sold, 

216. 

Warrups, Indian, land sold, 215. 

Washborn, David and Seth, 271: 

Joseph, 429: Samuel, land sold, 

32. 

Waterbury, winter parish in, 102, 175, 211, 
435. 

Waterbury, David and Jemima, 28, 204, 
205. 

Waterman, Isaac, 60, 152, 201, 268: 

Seth, 538. 

Waters, Adam, lieutenant, 86: Wor- 
thy, 161; ensign, 303. 

Watkins, John, lieutenant, 304. 

Watrous, Ethan, land sold, 110 : John, 

justice, 6, 126, 246, 345, 456, 550. 

Watson, Samuel, 440. 

Wattles, John, ensign, 12. 

Way, Ebenezor, 406: John, lieuten- 
ant, 249: Joseph, lieutenant, 350. 

Webb, Charles, 176; deputy for Stamford, 
452, 494,541, 546, 606; justice, 458,552: 
Epenetus, land sold, 32: Jo- 
seph, 32, 91, 388, 432, 479, 512, 575, 576, 

618: .Joshua, 206: Nathaniel, 

surveyor, 418. 

Webster, Cyprian, justice, 8, 127, 247, 347, 

459: Daniel, 309: Isaac, 202: 

John, ensign, 506 : Joseph, 271 : 

Moses, 331. 

Wedge, William, 172. 

Weed, Amos, lieutenant, 302: Epen- 
etus, 38: Hezekiah, lieutenant, 352 : 

Silas, 206. 

Welbour, Eiam, land sold, 97. 

Welch, Mary, 93: Paul, justice, 8, 

126, 247, 347, 459, 552. 

Weller, Ebenezer, ensign, 353. 

Welles, Blackleach and Daniel, 149: 

David, captain, 87 : Gideon, sur- 
veyor, 137 : Hezekiah, lieutenant, 



12: Israel W., cornet, 348; lieuten- 
ant, 463 : Jonathan, 263, 375, 378, 

425, 475, 512, 539, 564, 628 ; deputy for 
Glastonbury, 241, 412, 493, 540, "606; 

land sold, 100: Jose[)li, deputy for 

Haddam, 295; justice, 6, 125, 246, 345, 
456, 550: Levi, 582; army lieuten- 
ant, 75, 234; riuarter-niuster, 82: 

Lucretia, 117: Noaii, preached 

election sermon, 244: Samuel, 49: 

Thomas, 38;); justice, 6, 124, 245, 

345, 456; fence agreement, 149: 

William, deputy for Glastonbury, 2, 74, 
121, 189, 231, 295, 341, 452; committee, 
20, 106, 148, 197, 287, 306, 371, 374, 582, 
631; justice, 6, 125, 246, 345, 456, 550. 

Wells society, in Wallingford, constituted, 
153, 436, 483. 

Welton, John, caplain, 503: Peter, 

ensign, 507:— — Stephen, ensign, 460. 

West, .loshua, deputy for Lebanon, 2, 74, 
121, 182, 231, 242, 295, 341, 413, 494, 641 ; 
committee, 36, 60, 101, 147, 152, 201, 
261, 287, 290, 311, 323, 515, 575, 585, 
586, 589, 618, 637; justice, 7, 126, 247, 

346, 458, 552: Solomon, ensign, 11: 

Zebulon, deputy for Tolland, 2, 74, 

120, 189", 231, 241, 295, 340, 412, 452, 493, 
540, 546,606; speaker, 453, 494, 541,547, 
607; in nomination, 508, 615; commit- 
tee, 20, 106, 287, 290, 386, 466, 488, 521, 
525, 590, 626, 635, 636; captain, 11; 
probate judge, 6, 124, 245,345, 455, 549; 
justice, 6, 124, 245, 345, 486, 550. 

Westfield, society established, 484; meet- 
ing-house, 585, 636. 

Westford society constituted, 386, 435. 

Weston, John, deputy for Willington, 295, 
413. 

Wethersfield, road to Middletown, 182; v. 
Grimes, 537. 

Wetmore, Ichabod, 69, 118,224: Joel, 

646: Seth, deputy for Middletown, 

2, 74, 121, 189, 231, 241, 295, 341, 413, 
453, 493, 540; justice, 6, 124, 245, 345, 
456, 550; surveyor, 3-38. 

Wheaton, John, 187: Joseph, 225. 

Wlieedon, Thomas, 516. 

Wheeler, Benjamin, justice, 7, 126, 247, 

347, 458,552: Daniel, lieutenant, 

302: Ephraim, lieutenant, 16: 

Gershom, 646: Gideon, 648: 

Ichabod, 167: Jabez, captain, 507: 

Jeremiah, 261, 304: Joseph, 

captain, 507: Josiah, 237: 

Mary, 269: Paul, 533; deputy 

for Stonington, 294, 412, 452, 546; sur- 
veyor, 338; justice, 561. 

Wlie'elock, P^leazer, teaches Indians, 151, 
193, 490. 

Whetmore, Aaron, ensign, 554. 

Whipple, Samuel, 98. 

White, Ebenezer, 322,429; ensign, 568: 

Joel, deputy for Bolton, 546: 

Joseph, justice, 6, 126, 246, 345, 456: 

Lemuel, 590: Nathaniel, 320, 

370: Stephen, preached election 

sermon, 123. 

Whiteai", John, ensign, 556. 



INDEX, 



697 



Whiting, Elijah, 54 : Gamaliel, 566 : 

Johii, 89, 100, 144, 151, 182, 383, 

516,520,620,621; justice, 6,125, 246, 

345, 457, 551 : Nathan, 76, 624 : 

William, 52; justice, 6, 125,247,346, 
457,551. 

Whitman, Solomon, 626 ; deputy for Farm- 
in^ton, 73. 120, 189, 231, 241, 294, 340, 

493, 540; justice, 6, 125, 246, 345, 456, 
550. 

Whitney, David, 582, 631; deputy for 
Canaan, 2, 73,121, 190,232, 294,453; 
justice, 8, 127, 247, 347, 459, 552 ; colonel, 

609: John, lieutenant, 12: 

Joshua, land sold, 108 : Tarbal, 108. 

Whiton, Elijah, deputy for Ashford, 2, 
607; justice, 7, 126, 247, 347, 458, 552. 

Whittlesey, Charles, deputy for Walling- 
ford, 2, 74, 121, 189, 231 ; justice, 6, 125 : 

Chauncey and Samuel, 834: 

Elisha, 154, 334, 648: Hezekiah, 

deputy for Saybrook, 2, 74, 242, 295, 
494,541, 546; justice, 7, 126, 247, 346, 
457, 551. 

Wickham, William, 449. 

Wight, Jabez, ensign, 417; lieutenant, 508. 

Wilcox, Ezekiel, 517 : Israel, 485 : 

John. 585, 636 : Joseph, deputy for 

Killingworth, 494 ; justice, 7, 126, 247, 

346, 457, 551: Thomas, ensign, 87. 

Wilcoxson, Azariah, 629 : — ■ — Ephraim, 

Samuel and William, 528: Timothy, 

48. 

Wildman, .loseph and Thomas, 229. 

Wilford, John, deputy for Branford, 294. 

Willard, Samuel, deputy for Saybrook, 
413, 452. 

Williams, Amariah, lieutenant, 462: 

Benjamin, 324: Daniel, lieutenant, 

553, 559: Ebenezer, 478, 516,518, 

624; deputy for Pomfret, 74, 121,189, 
232, 295, 413, 546, 607; justice, 7, 126, 
247, 347, 458, 552; probate judge, 5, 
124,245, 345,456, 550; heuteiiant colo- 
nel, 17: Edward and Robert, 269: 

Eleazer, 31 : Elisha, 544; dep- 
uty for Wethersfield, 3, 74, 121, 190, 
232, 242, 295, 341, 413, 453, 493, 540, 
545, 606; committee, 59, 148, 197, 263, 
287, 306, 321, 371, .374, 378, 439, 584, 
632; justice, 6, 125, 246, 345, 456, 550; 
ensign, 415 ; lieutenant, 555 : Eliza- 
beth, 221: Ezekiel, sheriff, 454: 

Henry, captain, 559: Isaiah, 

lieutenant", 462: John, 22, 285, 

454, 576, 626, 630 ; deputy for Sharon, 
2. 73, 121, 189, 231, 242, "295, 341, 453, 

494, 547, 607; judge, county court, 5, 
123, 244, 344, 455, 549, probate, 5, 124, 
245, 345, 456, 560 ; justice, 7, 125, 126, 
247, 346, 347, 457, '458, _ 551, 552; lieu- 
tenant colouel, 609; settlement of estate 
of, 210, 269, 596: - — Nathan, 208: 

Samuel, 324, 537 : Sebe, 596 : 

Thomas, 269, 318, 382; justice, 7, 

126, 247, 347, 458, 552: — — Vetch, 

quarter-master, 87; cornet, 351: 

William, 185, 269, 273, 425, 466, 502, 
fil5, 638, 640; auditor, 563, 614; depu- 

88 



ty for Groton, 74, 189, 231, 295, 413, for 
Lebanon, 121, 189, 231, 242, 295. 341, 
413, 452, 494, 541, 540, 607; clerk, 453, 
494, 541, 547, 607; justice, 7, 125, 126, 
247, 346, 457, 458, 551, 552; major, 459; 
land sold, 31, 645. 

Willington, to send in list. 81; baptists in, 
271. 

Willis, Samuel, 300. 

Wills, Joshua, deputy for Tolland, 2, 189, 
231. 

Wilmot, George, 262, 377. 

Wilson, Amos, ensign, 506: .John, 

deputy for Harwinton, 242, 452: 

Joseph, captain, 348: Noah, depu- 
ty for Forrington, 462, 547: Wil- 
liam, lieutenant, 553. 

Winchel, Daniel, 393 : .Jacob, 271. 

Winchester, to keep road in repair, 517. 

Windham, road to New Hayen, 615; lands 
sold by proprietors, 378, 478, 518; v. 
Coyentry, 93; sale of pews 2d society, 
181. 

Windsor: bridge in, 588; Poquannuck, so- 
ciety without minister, 398; v. Pratt, 
118; seines not to be di-awn in ferry 
riyer, 133, 465. 

Winter, Daniel, 18. 

WTnthrop, John S:, 616. 

Winton, Andrew and Martha, 29. 

Witter, Benjamin, 429: William, 510, 

625; deputy for Preston, 3, 341, 413; 
justice, 7, 125, 247, 346, 457, 551. 

W'olcott. Alexander, 290, 325, 385, 466, 
577; deputy for Windsor, 413, 452, 493, 

540, 545, 606: Ephraim, land sold, 

279: Erastus, 18, 206, 588; deputy 

for Windsor, 3; committee, 56, 263, 368, 
428, 475, 585, 589, 628,629, 636; justice, 
6, 125, 245, 345, 456,550; major, 88: 

Giles, 160: — Oliver, 437, 448, 

483, 586, 603, 622; deputy for Litch- 
field, 294,547: William, 158, 172, 

209, 322, 372, 478, 512, 518, 566; deputy 
for Windsor, 120, 295, 413, 606 ; justice, 
6, 124, 245, 345, 456, 550. 

Wood, Jonathan, land sold, 113. 

Woodbridge, Dudley, 604; deputy for 
Groton, 74 : Oliver, 332 : -" Rus- 
sell, 577. 

Woodbury, road to New Haven, 83, 368, 
419, 480; South Britain Society, 436, 
483; Southbury meeting-house, 171, 
209. 

Wooden, .John, 90; captain, 560. 

Woodford, .Joseph and William, 182: 

Samuel, land sold, 29. 

Woodruff, Benjamin, captain, 609: 

Elijah, 292: Jacob, justice, 8, 126. 

247, 347, 458, 552 : Joseph, 94, 292 ; 

justice, 6, 125, 246, 345 : Nathan- 
iel, ensign, 555. 

Woodward, Abel, ensign, 142; lieutenant, 

507: Deliverance, ensign, 13: 

Enos, ensiajn, 144: Joseph, ensign, 

462: —Park, 67. 

Woodworth, Eliphalet, 39. 

Wooster, David, 618: .John, 538; lieu- 
tenant, 254; captain, 611. 



698 



INDEX, 



Work John, ensip;n, 141; lieutenant, 505. 

Worth'ington, Elias, 582: Elijah dep- 
uty for Colchester, 2: William, 

lieutenant, 559. 

Wrio-ht, Daniel, 38, 449: Dudley, 

capti^in, 143; deputy for Colchester, 2, 

242 294,341,412: Elihu, land sold, 

yj^^ 487 : Elijah and Timothy, 644 : 

.James, 258: Seth, cornet, 12; lieu 

tenant, 351 : Thomas, 449. 

Wyat, John, land sold, 533. 

WVlee, Hough, 472. „ „ .„, 

Wyllvs, George, 67, 89, 186, 259, 389, 409, 
425; committee, 61, 78, 135, 151, 256, 



466 467, 502; justice, 6, 124, 245, 345, 
456 550; secretary, 3, 122, 243, 342, 

454, 548; colonel, 88: Samuel goes 

to England, 300. 

Yale, Nash, 199. 

Yale College, grants to, 438, 513, 629; 

recommendation to, 514. 
York, Collins, 625. 
Young, Andrew, 587: David and 

William, 389 : John, 389, 587 : 

Robert, land sold, 405: Samuel, 

389; captain, 462. 



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